Probate Fees by State
The short answer: Seventeen states have probate fee schedules verified from official sources on this site, and no two can be compared on a single "estate value" alone — each statute names its own calculation base and treats its schedule as fixed, a cap, a minimum, presumed reasonable, or a default. The table below gives the schedule type, statute citation, and base for each verified state, with a link to calculate it. Six states are listed separately as not yet verified, with no figure shown.
This tool is for information only. It is not legal, tax, or financial advice. Verify current law with the official sources cited before acting.
Recheck flag. On November 12, 2026, the current code text for Iowa, Oregon, Florida, Ohio, and New Jersey was rechecked against official sources and confirmed unchanged (see Sources). South Carolina is the remaining exception: its current §62-3-719 text could not be re-located on scstatehouse.gov in that recheck, so the South Carolina entry stays flagged as not fully verified until that recheck passes.
17 verified states
Select a state to calculate its schedule with the correct base and tier breakdown. "Who it covers" states only what was verified; where no attorney schedule was verified, none is shown in the calculator.
| State | Schedule type | Statute | Calculation base | Who it covers | Calculate |
|---|---|---|---|---|---|
| California | Fixed schedule | Cal. Prob. Code §§10800, 10810 | Value of the estate accounted for (encumbrances not deducted) | Personal representative + attorney, identical, ordinary services only | Calculate |
| New York | Fixed schedule | SCPA §2307 | Sums received and paid out (commissionable amount) | Fiduciary only; no attorney number verified | Calculate |
| Florida | Presumed reasonable | Fla. Stat. §§733.617, 733.6171 | Compensable value: inventory value of probate assets + income during administration | Personal representative + attorney, formal administration; negotiable. | Calculate |
| Ohio | Fixed schedule | Ohio Rev. Code §2113.35 | Personal property incl. income + proceeds of real property sold; plus separate 1% components (unsold real property; certain non-administered property) | Personal representative only; no attorney number verified. | Calculate |
| New Jersey | Fixed schedule (corpus only) | N.J.S.A. 3B:18-14 | Corpus received | Corpus commission only; income commission and attorney schedule not verified. | Calculate |
| Missouri | Minimum | Mo. Rev. Stat. §473.153 | Personal property administered + proceeds of real property sold under court order, valued at disbursement/distribution | Personal representative + attorney (same percentages); court may allow more | Calculate |
| Iowa | Maximum (cap) | Iowa Code §633.197 | Gross assets in the probate inventory, excluding life insurance unless payable to the estate | Personal representative + attorney, same cap schedule; court sets the actual fee within the cap. | Calculate |
| Maryland | Cap | Md. Code, Estates & Trusts §7-601 | Property subject to administration | Personal representative cap only; no combined figure shown | Calculate |
| North Carolina | Maximum (cap) | N.C.G.S. §28A-23-3(a) | Receipts AND expenditures (two-sided) | Commission cap, set in the clerk's discretion | Calculate |
| Wisconsin | Default rate | Wis. Stat. §857.05(2) | Inventory value less mortgages/liens, plus net principal gains | Personal representative; agreement or court order can change the rate | Calculate |
| West Virginia | Fixed schedule | W. Va. Code §44-4-12a | Personal estate incl. income + proceeds of real estate sold; plus 1% on unsold real estate | Personal representative | Calculate |
| Louisiana | Default | La. Code Civ. Proc. art. 3351 | Amount of the inventory | Default 2.5%; will or agreement overrides | Calculate |
| Nevada | Default (PR); optional method (attorney) | NRS 150.020; NRS 150.060(4) | PR: whole estate accounted for less liens/encumbrances. Attorney (optional): gross appraisal + gains + receipts − losses, excluding encumbrances | Personal representative default; attorney value-based method is one optional method only | Calculate |
| South Dakota | Default commissions (personal property only) | SDCL §29A-3-719 | Personal property accounted for, excluding property not ranked as assets; real property court-determined | Personal representative | Calculate |
| Oklahoma | Default schedule | 58 O.S. §527(A) | Whole estate accounted for, excluding property not ranked as assets | Executor; co-executors share one fee | Calculate |
| Oregon | Default schedule | ORS 116.173(3) | Property subject to the court's jurisdiction; plus 1% on certain non-jurisdiction property | Personal representative only; attorney is a reasonableness test, no percentage. | Calculate |
| South Carolina | Cap | S.C. Code §62-3-719 | Appraised personal property + real-estate sale proceeds; plus up to 5% of income; $50 minimum commission | Personal representative cap; will or contract can override. Re-locate and recheck current §62-3-719 text before relying on it. | Calculate |
Why the bases differ — and why one input is wrong
Applying every schedule to one gross estate value — as many fee tables do — produces wrong numbers. California's tiers apply to the estate accounted for, with encumbrances ignored, while Wisconsin's apply after mortgages and liens are subtracted. Florida's tiers apply to compensable value, which adds income earned during administration. New York's apply to money actually received and paid out, which may be far less than the gross estate. North Carolina's cap is two-sided: 5% on receipts and 5% on expenditures. Ohio, West Virginia, Oregon, and South Carolina each add a separate component on top of the main tiers. The probate fee calculator changes its labels and component inputs for each state so the amount you enter matches the statute's base. Non-probate assets — such as life insurance payable to a named beneficiary, joint or survivorship property, and trust assets — are generally outside the fee base; per-state notes in the calculator say so only where the verified text supports it.
For the step-by-step work after someone dies, use the executor checklist generator, which adds verified deadlines for California, Florida, Ohio, and Maryland only.
Excluded / not yet verified
The following six states are not in the table above, because no official statute text was retrieved for them in the research pass despite targeted searches. No claimed schedule for any of them is shown as data anywhere on this site:
- Alabama — not yet verified
- Arkansas — not yet verified
- Georgia — not yet verified
- Kentucky — not yet verified
- Texas — not yet verified (the single biggest coverage gap; a large-population state)
- Wyoming — not yet verified
All other states are also "not yet verified" until each classification is checked against an official source. In particular, no state is labeled "reasonable compensation — no fixed schedule" on this site unless that classification has been individually verified from official text. For an unverified state, check with the local probate court or an attorney, and confirm the current statute before acting. Do not use a generic percentage range as a substitute.
Frequently asked questions
How many states have a statutory probate fee schedule?
Published roundups disagree, because they count caps, minimums, presumptions, and optional or default schedules differently. This site does not present an unverified total. It lists 17 states whose schedules were verified from official statute or court sources, labels each one fixed, cap, minimum, presumed reasonable, or default, and lists the rest as not yet verified.
Why do probate fee bases differ by state?
Each statute names its own amount for the tiers to apply to. California uses the value of the estate accounted for without subtracting encumbrances, Wisconsin subtracts mortgages and liens, Florida adds income during administration, New York uses sums received and paid out, and North Carolina applies its cap to receipts and to expenditures. Comparing schedules without comparing bases gives misleading numbers, so this page names the base for every state.
What does it mean when a schedule is a cap, a minimum, or presumed reasonable?
A cap is the most the court or clerk may allow, not a promise of that amount. A minimum is the floor, and the court may allow more. Presumed reasonable means the figure is presumed reasonable but can be negotiated or challenged. A default applies only when the will, an agreement, or another method does not control. A fixed schedule sets the fee by tiers. The table on this page carries the correct label for every state.
Why are Alabama, Arkansas, Georgia, Kentucky, Texas, and Wyoming not in the table?
No official statute text was retrieved for those six states in the research pass, despite targeted searches, so their claimed schedules are unverified and are not shown as data. They are named honestly below as not yet verified. For any of them, check with the local probate court or an attorney.
Can I calculate my fee from this page?
Yes. Each state row links to the probate fee calculator with that state selected, where you enter the amount matching that state's calculation base and see a tier-by-tier breakdown. The calculator covers ordinary services under the statutory schedule only; extraordinary services, court costs, and taxes are not computed.
Sources
Official sources only, accessed November 12, 2026. Every schedule type, statute citation, and base in the table comes from the source listed for its state.
- California — Cal. Prob. Code §§10800, 10810: leginfo.legislature.ca.gov (§10800), leginfo.legislature.ca.gov (§10810)
- New York — SCPA §2307: nysenate.gov
- Florida — Fla. Stat. §§733.617, 733.6171: leg.state.fl.us (§733.617), leg.state.fl.us (§733.6171) (current text read November 12, 2026; §733.6171 history includes ch. 2026-57, s. 6 — subsection (3) schedule unchanged)
- Ohio — Ohio Rev. Code §2113.35: codes.ohio.gov (current version, effective September 29, 2015, H.B. 64; accessed November 12, 2026)
- New Jersey — N.J.S.A. 3B:18-14: lis.njleg.state.nj.us (current code page), corroborated by official bill PDFs: pub.njleg.gov (S2500), pub.njleg.gov (A3500) (code current through P.L.2026, c.50; section last amended 2000, c.29)
- Missouri — Mo. Rev. Stat. §473.153: revisor.mo.gov
- Iowa — Iowa Code §633.197 (personal representative) and §633.198 (attorney): legis.iowa.gov (§633.197, Iowa Code 2026), legis.iowa.gov (§633.198, Iowa Code 2026)
- Maryland — Md. Code, Estates & Trusts §7-601: mgaleg.maryland.gov
- North Carolina — N.C.G.S. §28A-23-3(a): ncleg.net (Chapter 28A, Article 23 PDF)
- Wisconsin — Wis. Stat. ch. 857 / §857.05: docs.legis.wisconsin.gov (ch. 857), docs.legis.wisconsin.gov (§857.05)
- West Virginia — W. Va. Code §44-4-12a: code.wvlegislature.gov
- Louisiana — La. Code Civ. Proc. art. 3351: legis.la.gov
- Nevada — NRS ch. 150: leg.state.nv.us (chapter page Rev. 4/15/2026)
- South Dakota — SDCL §29A-3-719: sdlegislature.gov
- Oklahoma — 58 O.S. §527 (Title 58 PDF): oklegislature.gov
- Oregon — ORS 116.173: oregonlegislature.gov (ORS chapter 116, 2025 edition) (history through 2019 c.166, §10)
- South Carolina — S.C. Code §62-3-719: official scstatehouse.gov 1997 bill H 3971 text quoting §62-3-719, plus South Carolina Court of Appeals and Supreme Court opinions in the Estate of Marion M. Kay matter (2016/2018, sccourts.org). No source URL was retained in the research notes — re-locate the current §62-3-719 text on scstatehouse.gov and recheck it before relying on the South Carolina entry.
Rates and rules verified November 12, 2026 from official sources, subject to the recheck flag shown above for South Carolina only.
This page is for information only. It is not legal, tax, or financial advice. Verify current law with the official sources cited before acting.