Quick answer: Once probate is unavoidable, the costs you can most influence are the attorney's fee, the executor's fee, the type of court process, the bond, late-filing penalties and disputes. Ask for the basis of the attorney's fee in writing, know that fees can be reviewed by the court, consider waiving the executor's fee, use the informal or small estate route when your estate qualifies, and file and pay taxes on time. Where a state schedule sets a fee there is little to bargain over, so first find out which of your costs a statute fixes.
On this page:
- First: what is fixed and what is not
- Where you can save, cost by cost
- Attorney fees: ask, compare, get it in writing
- The court process, the executor fee and the bond
- Avoid the costs that come from mistakes and fights
- What not to cut
- See what applies in your state
First: what is fixed and what is not
Not every probate cost can be reduced. In states with a fee schedule, the statute sets the ordinary fee for the representative and the attorney, so there is little to bargain over. Wyoming's guide, for example, describes fees that are typically based on a schedule fixed by state law. In states that use a reasonableness standard, there is more room. Our guide on how much probate costs explains the difference and the pieces that make up the total, so this guide sticks to what you can influence. If you are still planning ahead rather than dealing with an estate, how to avoid probate is the better starting point.
Where you can save, cost by cost
| Cost | What you can control | Where it stops |
|---|---|---|
| Attorney fee | Get the basis in writing, ask for an estimate, ask what could cost extra | A statutory schedule, where one applies, sets the ordinary fee |
| Executor fee | Waive all or part of it | Only affects the executor's fee, not other costs |
| Court process | Use the informal or small estate route when eligible | Depends on your state's rules and on there being no objections |
| Bond | Check whether the will or the heirs can waive it | If required and not waived, it has to be posted |
| Taxes | File and pay on time to avoid penalties and interest | An extension to file does not extend the time to pay |
| Court filing and publication | Very little | Set by the court and the newspaper |
Attorney fees: ask, compare, get it in writing
- Get the fee basis in writing. Wyoming's rules of professional conduct say the scope of the work and the basis or rate of the fee must be communicated to the client, preferably in writing. The comment to the rule adds that a short memorandum stating the basis, rate or total amount of the fee helps prevent misunderstandings. Ask whether the fee is hourly, flat or set by statute.
- Ask for an estimate and how extras are handled. Where the standard is reasonableness, D.C.'s statute lists any estimate of the compensation and the time spent among the factors a court weighs. Wyoming's guide adds that extraordinary fees need court approval before they are paid, so ask when extra fees could arise.
- Know that fees can be reviewed. Arizona's statute lets a court review the reasonableness of the compensation of any person the representative employs and order a refund of excess pay. Heirs and beneficiaries can use that too.
- Compare before you hire. Because approaches and rates differ, asking more than one lawyer how they would charge for your estate is a reasonable step. You can also ask which tasks you can handle yourself, since the representative in an informal case can act without asking the court for approval at each step.
The court process, the executor fee and the bond
- Choose the simpler process when you qualify. Alaska's court system says informal probate involves minimal court supervision and usually no hearings. A formal case adds notice and a hearing. Informal probate is available only when, among other conditions, no one has objected. For smaller estates, Wyoming's guide says the summary procedure is faster and less expensive than formal probate. See how the small estate affidavit works and check your state with the Small Estate Affidavit Checker.
- Consider waiving the executor's fee. Arizona's statute says a representative may renounce the right to all or any part of the compensation. That lowers what the estate pays, but it does not touch attorney or court costs. How executor pay works covers the tax side of that choice.
- Check the bond. Alaska's court system lists the ways to handle the bond requirement: the will can waive it, each person who could inherit can waive it, the representative can post a bond, or the court can be asked to excuse it. A bond you do not need is a cost you can avoid.
Avoid the costs that come from mistakes and fights
- File and pay taxes on time. The IRS says interest is due on estate tax not paid by the original due date, even if an extension was obtained, and that penalties can apply for failing to file or pay within the extension. Publication 559 adds that relying on an attorney or accountant is not reasonable cause for a late return. See the tax duties in what an executor does.
- Keep the estate out of disputes. Wyoming's guide says the process takes longer when there are disputes between the representative, heirs and creditors. Alaska's checklist has the representative send the heirs the inventory and the accounting, and informal probate is available only if no one objects. Keeping heirs informed is the practical way to head off objections that could turn a simple case into a formal one. See how long probate takes.
- Keep records and receipts. Alaska's checklist asks for receipts when claims are paid, and Arizona's court help advises that detailed records help if a fee is disputed.
- Sell only what has to be sold. Selling property adds its own costs. Wyoming's guide notes that property may need to be sold to pay debts or taxes when there is not enough cash, so knowing early what the estate owes shows whether a sale is really needed. The Probate Real Estate Sale Calculator covers what a sale costs.
What not to cut
Saving on the wrong item can cost more later. Alaska's checklist says it is a good idea to get help from a lawyer when the estate is legally complicated or worth a lot of money, or if people disagree about what should happen. And because the representative remains responsible for tax filings even when a professional prepares them, skimping on tax help is a false economy when the estate is large enough to owe estate tax.
See what applies in your state
Which costs are fixed, which are flexible and which shortcuts exist all depend on the state. The Probate Cost Calculator shows the cost structure for your state, and the Executor Fee Calculator shows how the executor's pay works there. Every tool is at the probate calculators page, and our methodology explains how each rule is checked.