Rankings · Probate costs

States with the lowest probate costs

Probate cost and speed vary widely by state, published attorney fees alone range from 2% to 5% of estate value. Ranked by combined timeline and cost burden.

Data updated 2026-05-15

6 mo
Fastest typical start (Nevada)
2%
Lowest published attorney fee
5%
Highest published attorney fee
51
States with a small-estate shortcut

According to the Tax Foundation State Estate and Inheritance Tax Survey of 2024, probate cost is set by state law and is entirely separate from the federal estate tax, which the One Big Beautiful Bill Act made a permanent $15,000,000 per person effective 2026 (signed July 4, 2025). Published attorney fees in our data run from under 1% to more than 4% of estate value, so a 3% fee on a $1,000,000 estate is roughly $30,000, and timelines stretch from a few months to well over a year depending on the state. See our methodology for how these probate timelines and fee schedules are sourced and ranked.

The verdict

Nevada ranks lowest on combined probate burden, with administration typically starting in about 6 months - and published attorney fees span 2% to 5% of estate value across the states that disclose them.

6 mo
Fastest typical start (Nevada)
2%
Lowest published attorney fee
5%
Highest published attorney fee
51
States with a small-estate shortcut

Probate attorney fee by state

24 states with a published attorney-fee percentage, ranked from lowest

Nevada2%Iowa2%Mississippi2.5%Arizona3%Kentucky3%Louisiana3%Wisconsin3%Connecticut3%Florida3%Delaware4%Nebraska4%California4%Hawaii4%Ohio4%
# State Timeline Attorney Fee Filing Fee Small Estate
#1 Nevada 6–12 mo 2% $70–$500 $25K
#2 Mississippi 6–12 mo 2.5% $50–$300 $50K
#3 Alabama 6–12 mo - $50–$500 $25K
#4 Alaska 6–12 mo - $50–$200 $150K
#5 Arizona 6–12 mo 3% $140–$380 $100K
#6 Colorado 6–12 mo - $164–$164 $80K
#7 Georgia 6–12 mo - $55–$300 $10K
#8 Idaho 6–12 mo - $71–$200 $100K
#9 Indiana 6–12 mo - $60–$200 $50K
#10 Kansas 6–12 mo - $60–$300 $40K
#11 Kentucky 6–12 mo 3% $75–$300 $30K
#12 Louisiana 6–18 mo 3% $100–$400 $75K
#13 Maine 6–12 mo - $55–$250 $40K
#14 Michigan 6–12 mo - $25–$600 $15K
#15 Minnesota 6–12 mo - $320–$600 $75K
#16 Montana 6–12 mo - $50–$200 $100K
#17 New Hampshire 6–12 mo - $75–$300 $10K
#18 New Mexico 6–12 mo - $64–$300 $50K
#19 North Dakota 6–12 mo - $45–$200 $50K
#20 Oregon 6–12 mo - $100–$500 $275K
#21 South Dakota 6–12 mo - $100–$300 $50K
#22 Texas 6–12 mo - $100–$400 $75K
#23 Utah 6–12 mo - $165–$350 $100K
#24 Vermont 6–12 mo - $150–$450 $45K
#25 Virginia 6–12 mo - $25–$400 $50K
#26 Washington 6–12 mo - $240–$400 $100K
#27 Wisconsin 6–12 mo 3% $70–$250 $50K
#28 Wyoming 6–12 mo - $100–$300 $200K
#29 Delaware 6–12 mo 4% $150–$500 $30K
#30 Nebraska 6–12 mo 4% $35–$200 $50K
#31 Iowa 9–18 mo 2% $45–$450 $100K
#32 Missouri 6–12 mo 5% $105–$400 $40K
#33 West Virginia 6–12 mo 5% $50–$300 $50K
#34 Connecticut 9–18 mo 3% $25–$200 $40K
#35 Florida 9–18 mo 3% $285–$400 $75K
#36 Illinois 9–18 mo - $238–$500 $100K
#37 Massachusetts 9–18 mo - $375–$1000 $25K
#38 New Jersey 9–18 mo - $75–$500 $50K
#39 North Carolina 9–18 mo - $120–$600 $20K
#40 Rhode Island 9–18 mo - $100–$400 $15K
#41 California 9–18 mo 4% $435–$435 $185K
#42 Hawaii 9–18 mo 4% $35–$300 $100K
#43 Ohio 9–18 mo 4% $83–$500 $35K
#44 Pennsylvania 9–18 mo 4% $140–$700 $50K
#45 Arkansas 9–18 mo 5% $75–$300 $100K
#46 District of Columbia 9–18 mo 5% $45–$300 $40K
#47 Maryland 9–18 mo 5% $100–$1000 $50K
#48 New York 9–24 mo 5% $215–$1250 $50K
#49 Oklahoma 9–18 mo 5% $170–$400 $200K
#50 South Carolina 9–18 mo 5% $25–$500 $25K
#51 Tennessee 9–18 mo 5% $175–$500 $50K

How to Avoid Probate Entirely

  • Revocable living trusts pass assets directly to beneficiaries outside probate
  • TOD (Transfer on Death) and POD (Payable on Death) designations on accounts
  • Joint tenancy with right of survivorship for real property
  • Small estate affidavit procedures available in most states under dollar thresholds
  • !Each strategy has tax and legal implications, attorney review recommended

What probate cost means

Probate burden is a mix of time and fees - Nevada leads the combined ranking at roughly 6 months to start.

  • 51 states offer a small-estate shortcut that can skip full probate entirely under a dollar threshold. Check your state
  • A revocable living trust and beneficiary designations move assets outside probate, sidestepping these fees and timelines. Estate planning basics
  • Estimate the estate tax that may apply on top of probate costs for any estate size and state. Open the calculator

Probate costs are estimates based on published fee schedules; actual costs vary. This is not legal advice, consult a probate attorney in your state.

Every figure on PlainEstate is rendered directly from IRS Statistics of Income and state statutory data, no number is typed in by an editor. This page draws directly on IRS Statistics of Income and state statutory data, no figure is typed in by an editor. See our editorial standards & corrections policy, the methodology behind these numbers, or report a data error.