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Probate Fee Calculator: Executor and Attorney Fees by State

Compute executor and probate attorney fees for the states that set them by a statutory percentage schedule, and see which states leave them to reasonable compensation instead. Free, and calculated in your browser.

Statutory fee schedule

Executor / personal representative$13,000.00
Cal. Prob. Code 10800: Compensation the statute provides for ordinary services
  • 4% of the first $100,000$4,000.00
  • 3% of $100,000 to $200,000$3,000.00
  • 2% of $200,000 to $1,000,000$6,000.00
Estate attorney$13,000.00
Cal. Prob. Code 10810: Compensation the statute provides for ordinary services
  • 4% of the first $100,000$4,000.00
  • 3% of $100,000 to $200,000$3,000.00
  • 2% of $200,000 to $1,000,000$6,000.00
Executor and attorney together
$26,000.00

A will that sets the executor’s compensation generally controls instead. The court can allow additional just and reasonable compensation for extraordinary services by the executor or the attorney.

Court filing fees, appraisal, bond and other costs are separate and not included.

What the statutory schedule produces for the value you entered. It is not a quote from any executor or lawyer, and the court can allow more or less as the statute provides. Not legal advice. Nothing you type is sent or stored.

States With a Percentage Schedule

Many states do not set executor or attorney fees as a percentage. The states below do, and the schedules differ in kind: some fix the fee, some presume it reasonable, some set a minimum and some a maximum. The calculator labels each one with what its statute says.

StateScheduleWhat it is
CaliforniaExecutor and attorney, each: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, 0.5% of the next $15 million; the court sets fees above $25 millionCompensation the statute provides for ordinary services
FloridaPersonal representative: 3% up to $1 million, 2.5% to $5 million, 2% to $10 million, 1.5% above. Attorney: $1,500 up to $40,000, $2,250 to $70,000, $3,000 to $100,000, then 3% to $1 million, 2.5% to $3 million, 2% to $5 million, 1.5% to $10 million, 1% abovePresumed reasonable; negotiable
New YorkExecutor commissions: 5% of the first $100,000, 4% of the next $200,000, 3% of the next $700,000, 2.5% of the next $4 million, 2% above $5 million, on property received and paid out or distributed (in cash or in kind; specific legacies and devises excluded), computed half for receiving and half for paying outStatutory commission rates; attorney fees set by the court
MissouriPersonal representative and attorney, each: 5% of the first $5,000, 4% of the next $20,000, 3% of the next $75,000, 2.75% of the next $300,000, 2.5% of the next $600,000, 2% above $1 millionMinimum; the court can allow more
MarylandPersonal representative: 9% of the first $20,000, then $1,800 plus 3.6% of the excessMaximum commission
IowaPersonal representative and attorney, each: 6% of the first $1,000, 4% from $1,000 to $5,000, 2% aboveMaximum; the court sets reasonable fees
WyomingPersonal representative and attorney, each: 10% of the first $1,000, 5% to $5,000, 3% to $20,000, 2% aboveFees the court shall allow; may be negotiated lower
OklahomaExecutor or administrator: 5% of the first $1,000, 4% of the next $5,000, 2.5% above $6,000Statutory commission
KentuckyPersonal representative: not more than 5% of the personal estate plus 5% of income collectedMaximum

The value the percentages run on also differs. California counts the inventory appraisal value plus gains and receipts, with no deduction for mortgages or other debts (Prob. Code 10810 for attorneys). Florida uses the inventory value plus income during administration. New York commissions run on what the executor receives and pays out. Missouri counts personal property plus real estate sold under court order, so a house that is not sold is left out.

Florida’s attorney schedule applies to formal administration, and the attorney must tell the personal representative in writing that there is no mandatory statutory attorney fee and that the fee is negotiable (Fla. Stat. 733.6171). New York has no attorney schedule: the Surrogate’s Court fixes reasonable compensation (SCPA 2110). In Maryland the court looks at the commission and the attorney fee together as a reasonable total (Est. & Trusts 7-602).

States That Use Reasonable Compensation

In these states we read the statute and it says only that a personal representative is entitled to reasonable compensation, with no percentage: Montana, the District of Columbia, North Dakota, Utah (which covers attorneys too) and Hawaii. For those states, and for every state we have not verified, the calculator does not produce a number. Our probate guide by state explains the process in each state, and our guide to executor and probate attorney fees covers the reasonable-fee states and how to challenge a fee.

Worked Example

For a $500,000 estate: in California the executor’s statutory fee is $13,000 (4% of $100,000, 3% of $100,000 and 2% of $300,000) and the attorney’s is the same, $26,000 together. In Florida the presumed-reasonable personal representative fee is $15,000 and the attorney fee is also $15,000 ($3,000 plus 3% of $400,000). A New York executor’s commission on $500,000 received and then paid out or distributed, in cash or in kind, is $19,000 ($9,500 for receiving and $9,500 for paying out). A specific legacy or devise is left out of the base. In Missouri the minimum for each is $14,050.

What This Calculator Does Not Do

  • Quote what a lawyer or executor will charge. Fees can be negotiated, set by the will, renounced, or changed by the court as each statute allows.
  • Extraordinary services. Litigation, tax work and similar extra work can be paid on top where the statute allows.
  • Court costs. Filing fees, appraisal, bond and publication costs are separate.
  • Multiple executors, special rules and income. Co-executor splits, Kentucky’s extra 5% of income and Florida’s estate tax return fee are not modelled.
  • States we have not verified. A state not listed may still have a schedule; we compute only schedules we read in the official code.

Frequently Asked Questions

How much is the executor fee in California?

Under Probate Code 10800, 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million and 0.5% of the next $15 million, with the court setting the fee above $25 million. The attorney fee under 10810 follows the same schedule.

What are probate attorney fees in Florida?

Fla. Stat. 733.6171 presumes reasonable $1,500 for estates up to $40,000, $2,250 to $70,000, $3,000 to $100,000, then 3% of the next $900,000 and lower rates above $1 million. The fee is negotiable and is not required to follow the schedule.

What is the executor commission in New York?

SCPA 2307 sets 5% of the first $100,000, 4% of the next $200,000, 3% of the next $700,000, 2.5% of the next $4 million and 2% above $5 million. Property received and distributed counts as money, in cash or in kind, but specific legacies and devises are excluded. The commission is computed half for receiving and half for paying out, so a sum received and then paid out or distributed earns the full rate; a sum only received so far has earned half. New York has no attorney percentage.

What if my state is not in the list?

The calculator does not compute a fee. Several states we checked (Montana, D.C., North Dakota, Utah, Hawaii) provide reasonable compensation with no percentage. For others, check the probate code or ask the probate court.

Are executor fees taxable?

This tool does not address taxes. Fees are shown before any tax, and whether an executor takes a fee at all is often a choice they can make.

Is what I enter saved?

No. The calculation runs in your browser. Nothing you type is sent to us or stored.

Sources

Schedules checked in each state’s official code on September 28, 2026. General information, not legal advice; RecordingLaw.com is not a government body.

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