How Much Does a Probate Lawyer Cost

If you’re managing the estate of a loved one, one of the first questions that comes to mind is “how much does a probate lawyer cost?” The cost of hiring a probate attorney can vary significantly based on your location, the size of the estate, and how complicated the probate process is.

A probate lawyer helps settle estates, validate wills, handle court paperwork, and resolve disputes among heirs. Whether you’re searching for the average probate lawyer fees in Florida, Texas, or California, understanding the costs involved helps you plan your estate efficiently and avoid surprises.

This comprehensive guide explains how much does a probate lawyer cost in every major U.S. state, outlines the factors that influence their fees, and offers practical tips on saving money while ensuring your estate is handled properly.

What Is a Probate Lawyer and Why Do You Need One?

A probate lawyer is a legal professional who helps executors and family members manage a deceased person’s estate. They assist in validating the will, paying debts, transferring property, and distributing assets according to state laws.

Hiring a probate lawyer can save you from legal errors, family disputes, and unnecessary delays. If you’ve ever wondered how much does a probate lawyer cost in your state, it’s because fees differ widely depending on the complexity of your case and where you live.

Average Probate Lawyer Fees in the U.S.

Across the United States, probate lawyer costs typically range from $250 to $600 per hour, or a flat fee between $3,000 and $10,000. Some states allow attorneys to charge a percentage of the estate value — often between 2% to 5%.

However, the question “how much does a probate lawyer cost?” doesn’t have a single answer — it depends on several key factors:

Factors Affecting Probate Lawyer Costs

Size and complexity of the estate
Whether there is a valid will
State laws and filing requirements
Hourly vs. flat fee billing structure
Number of heirs and potential disputes

Let’s break it down by state.

How Much Does a Probate Lawyer Cost in Florida?

Florida probate law allows attorneys to charge based on the estate’s total value. The average probate lawyer cost in Florida ranges from $3,000 to $7,000 for simple estates and can exceed $10,000 for complex cases.

Percentage-based fees (typical):
- 3% for the first $1 million
- 2.5% for the next $1 million
- 2% for estates up to $5 million

Florida’s system provides transparency but can be costly for high-value estates. Always ask your attorney if they offer a flat rate or capped fee for straightforward cases.

How Much Does a Probate Lawyer Cost in Georgia?

If you’re wondering how much does a probate lawyer cost in Georgia, expect to pay around $2,500–$6,000 on average. Most Georgia attorneys charge hourly rates between $200 and $400.

Georgia’s probate system is relatively efficient, but fees increase if disputes arise or if property is located in multiple counties.

How Much Does a Probate Lawyer Cost in South Carolina?

The average cost of a probate lawyer in South Carolina ranges from $3,000 to $8,000 depending on the estate’s size. Flat fees are common for uncontested cases, while hourly billing applies to contested matters.

Simple estates: $2,500–$4,000
Moderate estates: $5,000–$7,500
Complex estates: $8,000+

If you’re on a budget, look for lawyers offering free consultations to get clear cost estimates upfront.

How Much Does a Probate Lawyer Cost in New Jersey?

In New Jersey, probate lawyer fees generally range between $3,000 and $10,000. Most attorneys charge hourly rates from $250–$500 depending on the complexity.

Some counties have higher court filing fees, which can add to overall costs. To save money, ask for a detailed fee agreement before starting the process.

How Much Does a Probate Lawyer Cost in California?

California is one of the few states that mandates statutory probate fees. These are based on the gross value of the estate — not the net value.

Here’s how California probate lawyer costs break down:

4% of the first $100,000
3% of the next $100,000
2% of the next $800,000
1% of amounts over $1 million

That means an estate worth $500,000 would generate $13,000 in legal fees under standard rates. Additional “extraordinary fees” apply for disputes, tax issues, or property sales.

How Much Does a Probate Lawyer Cost in Massachusetts?

In Massachusetts, the average probate lawyer cost ranges from $3,500 to $7,000. Hourly rates are typically $250–$450, depending on the lawyer’s experience.

Contested cases can exceed $10,000, especially when multiple assets or beneficiaries are involved. Always request an upfront cost estimate to avoid surprises.

How Much Does a Probate Lawyer Cost in Ohio?

Ohio probate lawyers typically charge $250–$400 per hour, or 2% to 4% of the estate’s value. On average, total fees range from $3,000–$8,000.

Ohio allows simplified probate for small estates, which can reduce costs to under $2,000 if uncontested.

How Much Does a Probate Lawyer Cost in Texas?

The average cost of a probate lawyer in Texas is between $2,500 and $7,500. Simple, uncontested probates can often be handled for a flat rate.

Texas has a unique “independent administration” process that allows executors to avoid court supervision — which can significantly lower fees.

How Much Does a Probate Lawyer Cost in Tennessee?

If you live in Tennessee, expect probate lawyer fees between $3,000–$6,000 for typical estates. Complex or disputed cases may reach $10,000 or more.

Hourly billing averages around $300 per hour, depending on the region.

How Much Does a Probate Lawyer Cost in Pennsylvania (PA)?

Pennsylvania does not have statutory fee schedules, so probate lawyer costs vary widely. The average range is $2,500–$6,000.

Philadelphia-area attorneys may charge more due to higher demand and larger estate values. Always ask for an itemized quote.

How Much Does a Probate Lawyer Cost in Maryland?

Maryland probate lawyers typically charge $250–$500 per hour, or a percentage of the estate (usually 3%–5%). Expect to pay $3,000–$8,000 depending on complexity.

Flat-fee arrangements are available for smaller, uncontested estates.

How Much Does a Probate Lawyer Cost in Michigan?

In Michigan, probate lawyer costs range from $2,500–$7,000, with hourly rates averaging $250–$400. The state offers simplified probate options for estates under $25,000, which can lower legal fees significantly.

How Much Does a Probate Lawyer Cost in Washington State?

The average probate lawyer cost in Washington state falls between $3,000–$9,000. Hourly rates typically range from $275–$450, depending on city and firm reputation.

Disputes or real estate transfers can increase costs, especially around Seattle.

How Much Does a Probate Lawyer Cost in North Carolina?

In North Carolina, probate lawyer fees range between $2,500 and $6,500. Attorneys may charge a percentage of the estate (typically around 3%) or an hourly rate.

Costs are lower for small estates and higher for contested ones.

How Much Does a Probate Lawyer Cost in Virginia?

The average cost of a probate lawyer in Virginia ranges from $3,000 to $8,000. Most charge hourly rates of $250–$400, depending on the complexity of the estate.

Virginia’s probate process is relatively straightforward, making it less expensive compared to California or Florida.

How Much Does a Probate Lawyer Cost in Arizona?

In Arizona, probate lawyer costs average $3,000–$6,000 for simple cases, and $8,000–$12,000 for complex estates. Hourly billing averages $300–$500 per hour.

Flat-fee packages for small estates may be available, especially in Maricopa County.

How Much Does a Probate Lawyer Cost in Missouri?

The average probate lawyer cost in Missouri is $2,500–$5,000, depending on complexity. Missouri allows “independent administration,” which helps reduce attorney fees for uncomplicated estates.

How Much Does a Probate Lawyer Cost in Illinois?

If you’re wondering how much does a probate lawyer cost in Illinois, most attorneys charge $250–$450 per hour. The total bill for a standard estate ranges between $3,000–$7,000.

Complex estates or contested wills can exceed $10,000 due to extended litigation and court filings.

Typical Billing Structures for Probate Lawyers

1. Hourly Billing

Most common in complex or contested cases. Expect $250–$600 per hour.

2. Flat Fee

Ideal for straightforward estates; ranges from $3,000–$6,000 depending on state.

3. Percentage of Estate

Common in California, Florida, and other states; usually 2%–5% of total estate value.

How to Save Money on Probate Lawyer Fees

Choose an independent administration (if possible)
Some states, like Texas and Missouri, allow less court supervision — saving time and fees.
Provide organized documentation
Bring all paperwork, account statements, and property titles to reduce billable hours.
Ask for flat-rate packages
Many firms offer all-inclusive pricing for small estates.
Avoid disputes
Family disagreements drastically increase costs.
Use free consultations
Searching “probate lawyer free consultation near me” can help compare quotes before hiring.

Why Probate Lawyer Costs Are Worth It

Hiring a probate lawyer ensures:

Legal compliance with state probate laws
Faster estate settlement
Accurate tax and debt management
Reduced family conflicts
Peace of mind knowing everything is handled correctly

Final Thoughts

So, how much does a probate lawyer cost? The answer depends on where you live, how complex your estate is, and what type of fee structure your attorney uses.

While hiring a probate lawyer may seem expensive, it’s often the most efficient way to ensure your loved one’s estate is distributed correctly and legally. With clear communication, organized records, and an understanding of local laws, you can minimize costs and make the process smoother for everyone involved.

Frequently Asked Questions (FAQs)

1. What is the average cost of a probate lawyer in the U.S.?

Most probate lawyers charge between $3,000 and $7,000, depending on location and complexity.

2. How much does a probate lawyer cost in Florida?

Florida probate lawyers charge around 3% of the estate value, or $3,000–$10,000 for typical cases.

3. How much does a probate lawyer cost in California?

California uses a statutory fee system, averaging 2%–4% of the estate’s total value.

4. Are probate lawyer costs tax-deductible?

Yes, in many cases probate fees may be deductible as estate administration expenses.

5. Can I handle probate without a lawyer?

For small estates, it’s possible, but hiring a lawyer ensures compliance and faster resolution.

6. How do I find affordable probate lawyers?

Search online for “affordable probate lawyer near me” and compare hourly rates or flat-fee packages.

7. Do probate lawyer costs vary by state?

Yes — fees in California and Florida are typically higher than in states like Texas or Missouri.

8. Can I negotiate probate lawyer fees?

Yes. Many attorneys are open to flat fees or discounts for uncontested cases.

9. How long does the probate process take?

Most estates close within 6–18 months, depending on complexity and court backlog.

10. What should I ask before hiring a probate lawyer?

Ask about their experience, billing method, estimated total cost, and how they handle disputes.