Estate Planning Series
Estate · Probate
What Probate Actually Costs
Your Family
Probate is the court-supervised process of validating a will, paying debts, and distributing what's left. It's required when someone dies owning assets in their name without a trust. It's slow, public, and expensive.
The probate trap most homeowners don't see
A house is one asset, but probate compounds. Real estate in a second state? Ancillary probate — a separate proceeding in that state on top of your home-state probate. Two probates, two attorneys, two timelines.
How Probate Eats an Estate
Five layers of cost, all of which come out of the inheritance before anyone receives a dollar.
Court Filing & Bond
1-2%Initial filing fees, surety bond, court costs
Executor / Personal Representative Fees
2-4%State-set fees paid to whoever administers the estate
Attorney Fees
3-7%Probate attorney's compensation — often the largest single cost
Appraisal & Administrative
1-2%Property appraisals, accounting, publication of notices, filing taxes
Contests & Disputes (if any)
2-10%+Will challenges, heir disputes, creditor claims — can balloon dramatically
Total Cost of Probate
8% – 18%+
of the gross estate value — and that's just the money. Add 12-18 months of family time tied up in court.
Probate proceedings are open to anyone
Your will, the value of your estate, your debts, and your beneficiaries all become searchable public records. Trusts stay private.
What probate looks like, step by step
Petition the court
Executor files the will and opens the case. Court appoints a personal representative. Takes 4-8 weeks.
Inventory + appraisal
Every asset gets located, valued, and reported to the court. Months of work for complex estates.
Notice + creditor period
Public notice given. Creditors have 4-6 months to file claims against the estate.
Pay debts + taxes
Final bills, taxes, and approved creditor claims paid from estate before any heir receives a dollar.
Distribution + close
Whatever's left goes to beneficiaries. Court approves final accounting. Estate closes.
How to skip probate entirely
A funded revocable living trust avoids probate completely. Assets titled in the trust pass directly to beneficiaries per the trust's instructions — no court, no public record, no judge, no months of waiting.
The trade-off: a trust costs more to set up than a basic will and assets need to be retitled into the trust's name (called "funding"). For homeowners, the math almost always works out — the savings in avoided probate fees alone tend to be many times the setup cost.
Don't let the courts decide.
We'll review your situation and tell you whether a trust makes sense based on what you own, where it's located, and what you want to happen.
Keep Reading
More in Estate Planning
Sources
American Bar Association · NAEPC
Educational content only. Probate timelines and costs vary significantly by state. Consult a licensed attorney for your specific situation.