Most people have heard the word "probate." Very few know what it actually costs — or that a will does not avoid it. Here is what the process is, which of your assets go through it, how much it typically costs, and what options exist for keeping your estate out of court.
Probate is a legal process supervised by a court. When someone dies, the court reviews their will — if one exists — confirms it is valid, makes sure debts and taxes are paid, and then oversees the transfer of whatever is left to the people named as heirs. If there is no will, the court uses state law to decide who gets what. The process is handled by someone called an executor — sometimes called a personal representative — who is either named in the will or appointed by the court. The executor is granted formal legal authority through a document called Letters of Authority, or Letters Testamentary, which allows them to act on behalf of the estate. One detail most people don't know: probate is a public process. The will becomes a public document once it is filed with the court. Anyone can read it. The names of your heirs, what they inherited, and the value of your estate become part of the public record. A will does not avoid probate. A will is, in fact, a set of directions to the probate court on how to handle your estate. Trusts and beneficiary designations avoid probate. A will guarantees court involvement.
National data shows that total probate costs — including attorney fees, executor fees, court fees, and appraisal costs — typically run between 3% and 8% of the gross value of the estate. There is a critical distinction in that phrase: gross value. Not your equity. Not what you own free and clear. The full appraised value of everything you own. This matters most for homeowners carrying a mortgage. A home worth $1,000,000 with a $700,000 mortgage has $300,000 in actual equity. But probate fees in California are calculated on the full $1,000,000 — meaning fees could consume nearly 25 cents of every dollar in real equity.
State Avg. Est. Total Cost (% of **Initial Filing Timeline Gross Estate) Fee** California 1224 4%7% $435 months Florida 618 months 3%6% $300$400 Michigan 618 months 3%7% $150$375 Ohio 912 months 2%5% $125$250 Missouri 918 months 3%8% $150$200 Source: State probate court filings, Morton Law Firm, OC Elder Law, Michigan Estate Planning 2025 In states like California and Florida, attorney fees are set by statute based on the gross estate value. For a $1,000,000 estate in Los Angeles, the combined statutory fees for the executor and the attorney are $46,000 — before any additional costs for an appraisal or court delays. Court timelines can stretch further than the averages suggest. In San Diego County, initial probate hearings are typically scheduled two and a half months after the filing date. In larger courts like Los Angeles, backlogs can push settlement past 18 months.
Not everything you own goes through probate. Assets fall into two categories: Probate assets are things owned solely in your name, with no joint owner and no named beneficiary. These go through the court. Non-probate assets bypass the court entirely. They transfer automatically — either by contract (like a beneficiary designation) or by operation of law (like joint ownership with right of survivorship).
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State probate court filings, Morton Law Firm, OC Elder Law,|Trust & Will, Antonelli & Antonelli, Nelson Law Firm