Estate attorney fees span a wide range, wide enough that a quote can be hard to judge on its own. Expect $150-$600 per hour, with most clustering around $250-$450. Flat fees are common for simpler services: a basic will typically runs $300-$1,000, and straightforward probate often runs $3,000-$10,000 total.
This guide breaks down hourly and flat-fee pricing, the percentage-of-estate billing model a few states use, and what actually drives the cost up.
Just found out you’re the executor and not sure an attorney is even the first call to make? Our guide to which professional you need and our Executor of Estate Checklist can help you get oriented first.
Hourly Rates for Estate & Probate Attorneys
- National range: $150-$600/hour, with most attorneys clustering around $250-$450/hour
- Lower-cost regions: $200-$350/hour
- Higher-cost major metro areas: up to $500/hour
- Paralegal time: often billed separately at $75-$150/hour to reduce the overall blended cost
Hours needed vary enormously by complexity. A simple, uncontested estate typically requires 15-30 hours of attorney time. A complex or contested estate can run 100+ hours — which is why the hourly rate alone tells you less than the total estimate.
Flat-Fee Pricing for Common Services
- Simple will drafting: $300-$1,000 flat fee, with a national average around $375, for a basic will covering a house, a car, bank accounts, and clear beneficiaries
- Simple/uncontested probate: generally $3,000-$10,000 total (some regions run narrower — straightforward Texas estates, for example, are often quoted $2,500-$5,000; treat this as a regional example, not a national figure)
- Trust administration (administering an existing trust after a death, which is different from probate): $2,500-$5,000+ in legal and accounting fees, consistently cheaper than probate
Percentage-of-Estate Billing (and California’s Unique Rule)
Where attorneys bill a percentage of the estate voluntarily, fees typically run 2-5% of gross estate value. But California is a real standout: under Probate Code §10810, the attorney and the executor each receive a statutory percentage fee that isn’t negotiable for “ordinary” services — 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 (a court sets the fee above $25 million).
Because both the attorney and the executor receive that same percentage, total professional fees on a California estate are roughly double the single fee-schedule number. On a $1 million estate, that works out to approximately $46,000 in combined statutory fees.
Florida has its own statutory schedule too, though it works differently than California’s. Under Florida Statute §733.6171, a probate attorney’s fee for “ordinary” services is presumed reasonable at $1,500 for estates up to $40,000, plus $750 more up to $70,000 and another $750 up to $100,000 (so $3,000 total through the first $100,000), then 3% of the next $900,000, 2.5% up to $3 million, and 2% up to $5 million. Unlike California, this schedule covers only the attorney’s fee — Florida executors are compensated separately and aren’t automatically entitled to a matching percentage. On a $1 million estate, the statutory attorney fee alone works out to roughly $30,000.
New York is sometimes lumped in with California and Florida, but that’s a common mix-up worth clearing up: New York’s statutory percentage schedule (SCPA §2307) sets the executor’s commission, not the attorney’s fee. Attorney fees in New York must simply be “reasonable,” and hourly billing is the norm, especially in New York City.
Outside states with a statutory schedule like California and Florida, hourly and flat-fee billing are far more common nationally — percentage billing is the exception, not the rule.
Will vs. Probate vs. Living Trust: Which Costs Less at Settlement
A common misunderstanding: having a will does not avoid probate. A will directs how probate happens — it doesn’t skip the process. Without a living trust in place, the estate goes through probate regardless.
- Probate costs (attorney fees, court fees, executor compensation, and other administration costs combined) typically run 3-8% of estate value. Illustrative example: a $200,000 estate can incur roughly $6,000-$16,000 in probate-related costs.
- Living trust administration, by comparison, typically runs 0.5-1% of estate value — meaningfully cheaper than probate.
- Setup cost tradeoff: a will costs $0-$1,500 to create; a living trust costs $1,500-$3,500 to set up. The trust costs more upfront, but for larger estates, the savings at settlement usually outweigh that difference.
What Drives Estate Attorney Costs Up
- Contested wills can double or triple total costs. Contested probate litigation often runs $15,000-$50,000+ in attorney fees alone.
- Out-of-state property often triggers ancillary probate — a separate legal proceeding, often with a separate attorney and separate fees, in each additional state where the deceased owned real property (this can sometimes be avoided depending on how the property was titled, e.g. a trust or transfer-on-death deed).
- Complex assets — business interests, multiple properties, blended families — add hours regardless of whether billing is hourly, flat-fee, or percentage-based.
How Retainers Work
A retainer is an upfront payment covering initial work and expenses. It’s drawn down against invoiced hours as the case progresses, and any unearned portion is typically returned at the end. This is standard practice across estate law, not something specific to any one state.
Questions to Ask Before You Hire an Estate Attorney
- Do you bill hourly, a flat fee, or a percentage of the estate?
- What’s included in a flat fee, and what would trigger additional charges?
- How many hours do you estimate for a case like mine?
- Is a retainer required, and how is unused retainer handled?
- Do you have experience with cases like mine specifically (contested wills, out-of-state property, business assets)?
- What’s your estimate for total cost — not just your hourly rate?
Key insight: the attorney’s hourly rate matters less than the total hours a case takes. A $450/hour attorney who resolves a straightforward estate in 20 hours ($9,000 total) can cost less than a $250/hour attorney who needs 45 hours due to inexperience or poor organization ($11,250 total). Always ask for a total cost estimate, not just a rate.
For help finding and evaluating a qualified estate attorney, see our guide: How to Find an Estate Attorney. If you’re not sure what probate actually involves, start with What Is Probate? A Plain-English Guide for Families. If you’re newly serving as executor, our executor orientation page is a good next stop. Browse vetted estate attorneys in the Modern Aging Directory.
Frequently Asked Questions
How much does an estate attorney cost per hour?
Estate attorneys typically charge $150-$600 per hour nationally, with most clustering around $250-$450/hour. Rates run lower ($200-$350/hour) in lower-cost regions and higher (up to $500/hour) in major metro areas. Paralegal time is often billed separately at $75-$150/hour to reduce the overall cost.
How much does it cost to have a will drafted?
A simple will typically costs $300-$1,000 as a flat fee, with a national average around $375, for a basic will covering a house, a car, bank accounts, and clearly named beneficiaries. More complex wills involving trusts, blended families, or business interests cost more.
How much does probate cost?
Probate costs average around 2% of estate value nationally, according to a nationwide survey by the American Academy of Estate Planning Attorneys. As an illustrative example, a $200,000 estate can incur $10,000-$20,000 in total probate-related costs, though simple/uncontested cases often fall on the lower end of $3,000-$10,000 in attorney fees specifically.
Is a living trust cheaper than probate?
Yes, at settlement. Living trust administration averages 0.5-1% of estate value versus probate’s roughly 2% average, per a nationwide industry survey. The tradeoff is upfront cost: a trust costs $1,500-$3,500 to set up initially versus $0-$1,500 for a simple will, but that difference is usually recovered many times over at settlement for larger estates.
Does California really charge a percentage fee for probate?
Yes. Under California Probate Code §10810, both the attorney and the executor each receive a statutory percentage fee (4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million) that isn’t negotiable for standard services. Since both parties receive the same percentage, total fees on a $1 million California estate run approximately $46,000 combined. Most other states use hourly or flat-fee billing instead.
What makes an estate attorney’s fees go up?
The biggest cost drivers are a contested will (which can double or triple total costs, with litigation often running $15,000-$50,000+ in fees), out-of-state property (which requires a separate ancillary probate proceeding in each additional state), and complex assets like business interests or blended-family situations that add attorney hours regardless of billing model.
How much are estate planning attorney fees?
Estate planning attorney fees typically run $0-$1,500 for a simple will and $1,500-$3,500 to set up a living trust, though costs rise with complexity (blended families, business interests, or multiple properties). This is separate from probate and estate settlement costs, which are billed differently and covered elsewhere in this guide.
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