Probate Executor & Attorney Fee Calculator: California, Florida, New York and Texas Statutory Fees
Estimate executor (personal representative) and probate attorney fees from the statutory schedules of California, Florida, New York and Texas or a custom percentage, with court and appraisal costs, the tier-by-tier breakdown, fees as a share of the estate, and how much assets passing outside probate save.
How it works
Graduated fee = Σ (portion of the estate in each tier × that tier’s rate) · California (each of executor and attorney): 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 · Florida personal representative: 3% to $1 million, 2.5% to $5 million, 2% to $10 million, 1.5% above · New York: 5% to $100,000, 4% to $300,000, 3% to $1 million, 2.5% to $5 million, 2% above · Texas: 5% × (cash received + cash paid out), at most 5% of the estate · Total = executor + attorney + extraordinary fees + court costs
When an estate goes through probate, the court supervises what the executor (personal representative) and the probate attorney are paid. Several states set those fees by statute as a sliding percentage of the estate. California (Probate Code §10800 and §10810) gives the executor and the 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 and 0.5% of the next $15 million; above $25 million the court sets a reasonable amount. The base is the estate accounted for: inventory value plus gains on sales and receipts, with no deduction for mortgages or debts, so a house with a large mortgage is charged at its full value. Florida’s schedules (§733.617 for the personal representative and §733.6171 for the attorney) are presumed reasonable and are computed on the inventory value plus income during administration. New York (SCPA §2307) pays executor commissions on money and property received and paid out, excluding specific bequests, and the attorney is paid by agreement. Texas (Estates Code §352.002) pays 5% of cash actually received and paid out, excluding cash on hand at death, life insurance and payments to heirs, capped at 5% of the estate’s value. These are fees for ordinary services. Extraordinary work such as selling real estate, litigation or tax returns is billed on top with court approval. Because the fees depend on what passes through probate, assets that pass by trust, joint ownership or beneficiary designation avoid them, which is the main cost argument for a funded living trust in high-fee states. The executor’s fee is taxable income, while an inheritance generally is not, so an executor who is also the main heir often waives it.
Worked example
A $900,000 California probate estate: the executor’s statutory fee is 4% × $100,000 = $4,000, plus 3% × $100,000 = $3,000, plus 2% × $700,000 = $14,000, for $21,000. The attorney receives the same $21,000. With $3,500 of court, publication and appraisal costs the total is $45,500, or 5.06% of the estate. The $400,000 held in a trust and joint accounts would have added 2% × $100,000 + 1% × $300,000 = $5,000 to each fee, so it avoids $10,000 of fees.
Sources: California Probate Code §10810 (statutory compensation tiers) · Florida Statutes §733.617 (personal representative compensation) · Florida Statutes §733.6171 (attorney compensation) · New York SCPA §2307 (commissions of fiduciaries) · Texas Estates Code §352.002 (executor compensation) · ClearEstate: California probate fees ($1.5 million worked example)
Frequently asked questions
How much does an executor get paid in California?
By statute, 4% of the first $100,000 of the estate, 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. The attorney is entitled to the same amount. A $500,000 estate gives each $13,000; a $1,500,000 estate gives each $28,000.
Is the fee based on gross or net value?
California uses the gross value of the estate accounted for, without deducting mortgages or debts. Florida uses the inventory value plus income during administration. New York uses what the executor receives and pays out, excluding specific bequests. Texas uses cash actually received and paid out.
Can the executor’s fee be waived or negotiated?
Yes. The statutory amounts are what the law allows for ordinary services; an executor can waive or reduce the fee, and attorneys can agree in writing to less. Extraordinary services such as selling real estate or litigation are billed on top with court approval.
Is an executor fee taxable?
Yes, executor fees are taxable income to the executor, while an inheritance is generally not taxable to the heir. That is why an executor who is also a main beneficiary often waives the fee.
How do I avoid probate fees?
Assets that pass outside probate do not count toward the fee: property in a funded revocable living trust, joint tenancy with right of survivorship, payable-on-death and transfer-on-death accounts, and life insurance or retirement accounts with named beneficiaries. Small estates can often use an affidavit or summary procedure instead.
What are Florida’s attorney fees for probate?
Florida presumes as reasonable $1,500 for estates up to $40,000, $2,250 up to $70,000, $3,000 up to $100,000, then $3,000 plus 3% of the value from $100,000 to $1 million, 2.5% to $3 million, 2% to $5 million, 1.5% to $10 million and 1% above.
Related calculators
General information based on the statutes cited; fees for extraordinary services, court rules, local costs and the will itself can change what is paid. This is not legal advice. Confirm with a licensed probate attorney or the court.