Probate Fees by State: What Intestate Administration Actually Costs
Why Intestate Probate Costs More
Dying without a will can add costs to probate. The often-required surety bond, additional court hearings for administrator appointment, and heirship verification process all generate fees that a will or court-approved waiver may avoid or simplify. The total cost depends on the state, the estate's gross value, and whether family members agree on who should serve as administrator.
Three categories make up the bulk of probate expenses: court filing fees, fiduciary (administrator) commissions, and attorney fees. In intestate cases, add the surety bond premium on top.
State-by-State Filing Fees
Court filing fees are the most predictable cost. Most states charge a flat fee or a graduated fee based on estate value:
- California: $435 base filing fee plus county surcharges
- New York: Sliding scale from $45 (estates under $10,000) to $1,250 (estates over $500,000)
- Florida: $400 for formal administration
- Texas: $300 to $400 depending on the county
- Ohio: $100 to $165 for a simplified release, varying by county; formal probate fees differ
- Michigan: $175 ($150 filing fee plus $25 e-filing platform fee)
- Illinois: $300 to $600 depending on estate value and county
These are just the initial filing costs. Additional fees accumulate for bond approvals, inventory filings, accountings, and final distribution petitions.
Administrator Commission Rates
The administrator's compensation is where costs diverge sharply between states. Some use rigid statutory schedules; others leave it to judicial discretion.
Statutory fee states set the commission by formula:
| State | Fee Structure |
|---|---|
| California | 4% of first $100K, 3% of next $100K, 2% of next $800K, 1% of next $9M — calculated on gross estate value (mortgages and debts are not subtracted) |
| New York | 5% of first $100K, 4% of next $200K, 3% of next $700K, 2.5% of next $4M, 2% above $5M |
| Ohio | 4% of first $100K, 3% of next $300K, 2% above $400K |
"Reasonable compensation" states — including Florida, Texas, Michigan, and most others — let the court determine what's fair based on the complexity of the work. This typically lands between 2% and 5% of the estate's value.
The California formula deserves special attention because it's calculated on gross value. A home worth $1.5 million with a $900,000 mortgage is billed as a $1.5 million asset. For a $1 million gross estate, the combined statutory fees for both the administrator and the attorney total $46,000 — $23,000 each.
Free Download
Get the When There's No Will — Intestacy Survival Guide — Quick-Start Checklist
Everything in this article as a printable checklist — plus action plans and reference guides you can start using today.
Attorney Fees
In California and a few other states, the attorney's fee mirrors the administrator's statutory schedule, doubling the cost. Most states use hourly billing or a percentage arrangement negotiated between the attorney and the administrator.
Typical hourly rates for probate attorneys:
- Small cities and rural areas: $200 to $350 per hour
- Mid-size metro areas: $300 to $500 per hour
- Major cities (NYC, LA, Chicago): $400 to $700+ per hour
For a straightforward intestate estate with no disputes, attorney fees generally run $3,000 to $7,000 in "reasonable compensation" states. Contested estates or those requiring multiple court appearances can push that to $15,000 or higher.
The Surety Bond Premium
Intestate administrators nearly always need a surety bond — a financial guarantee protecting heirs and creditors from mismanagement. The court sets the bond amount, typically equal to the personal property value plus one year of anticipated estate income.
Annual premiums run 0.5% to 1% of the bond amount for applicants with good credit. Poor credit can push premiums to 2% to 5%, and some applicants get denied entirely. A $400,000 bond at 1% costs $4,000 per year, paid until the estate closes.
The administrator often has to pay the first premium out of pocket before the court issues letters of administration — then reimburse themselves from the estate once bank accounts are unfrozen.
Total Cost Examples
For a $500,000 estate with no will, assuming the values used for each commission are commissionable probate property:
| Cost Category | California | New York | Ohio |
|---|---|---|---|
| Filing fees | ~$500 | ~$600 | ~$150 |
| Administrator commission | $13,000 | $19,000 | $15,000 |
| Attorney fees | $13,000 (statutory) | $5,000–$10,000 (negotiated) | $4,000–$8,000 |
| Surety bond (1 year) | $2,500–$5,000 | $2,500–$5,000 | $2,500–$5,000 |
| Approximate total | $29,000–$31,500 | $27,100–$34,600 | $21,650–$28,150 |
These figures don't include appraisal costs, publication fees for the creditor notice, accounting fees, or any extraordinary fees the court may authorize for complex issues.
Ohio's commission generally excludes real estate unless the administrator sells it, so the Ohio example assumes the full $500,000 is commissionable under the state's schedule.
How to Reduce Costs
Some costs are fixed by statute, but several levers exist for reducing total probate expenses:
- Small estate procedures bypass formal probate entirely if the estate falls below your state's threshold (ranging from $20,000 in some states to $184,500 in California for personal property).
- Bond waivers can be requested with unanimous written heir consent; the court decides under the jurisdiction's rules.
- Self-representation is legal in most states for simple estates, though mistakes can create personal liability.
The When There's No Will — Intestacy Survival Guide includes a cost estimation worksheet, a bond-cost estimator tool, and jurisdiction-specific fee schedules to help you build an accurate budget before the first court filing.
Get Your Free When There's No Will — Intestacy Survival Guide — Quick-Start Checklist
Download the When There's No Will — Intestacy Survival Guide — Quick-Start Checklist — a printable guide with checklists, scripts, and action plans you can start using today.