Quick answer: Oklahoma doesn't fix attorney fees by statute, but in practice lawyers often mirror the 5/4/2.5% executor schedule, bill hourly ($200–$400/hr), or set a flat fee — all court-approved. On a $500,000 estate a statutory-scale fee is about $12,600. Estimate yours in the Oklahoma probate cost calculator.
How Oklahoma probate lawyers bill
Three common structures:
- Statutory scale — many attorneys mirror the 58 O.S. § 527 executor scale (5% / 4% / 2.5%). Predictable, tied to estate size.
- Hourly — roughly $200–$400/hour; a simple estate may run 20–40 hours.
- Flat fee — a set price for a routine, uncontested estate.
Court approval: whatever the arrangement, the fee is subject to court approval and must be reasonable for the work performed. The attorney fee is separate from the executor commission — an estate typically pays both.
What a statutory-scale attorney fee looks like
| Estate value | Statutory-scale attorney fee |
|---|---|
| $100,000 | ≈ $2,600 |
| $300,000 | ≈ $7,600 |
| $500,000 | ≈ $12,600 |
| $1,000,000 | ≈ $25,100 |
Illustrative, at the 5/4/2.5% scale. Hourly or flat billing may be lower for a simple estate. Always get a written fee agreement.
Facing probate in Oklahoma?
Talk to an Oklahoma attorneyA local probate attorney can review your estate — many offer a free consultation.
Questions to ask before hiring
- Do you bill on the statutory scale, hourly, or flat?
- Is the executor commission separate from your fee? (Usually yes.)
- Can this estate use summary administration ($200,000) or the $50,000 affidavit?
- What court and publication costs should I expect on top?
Ways to reduce legal fees
- Summary administration — for estates up to $200,000, far less attorney time.
- Small estate affidavit — personal property up to $50,000, often no attorney needed.
- Flat fee for a simple, uncontested estate.
- Stay organized — give the attorney a clean inventory to cut billable hours.