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The Cost of Probate

On Behalf of | Jun 5, 2023 | Firm News

What is Probate and How Much Does it Cost?

Probate is a legal process that occurs after someone dies, and involves distributing the deceased person’s assets to their heirs or beneficiaries. Unfortunately, probate can be a time-consuming and expensive process, which can add additional stress to an already difficult time for loved ones. In this post, we’ll discuss how much probate typically costs and what factors can affect the cost.


The Cost of Probate

The cost of probate varies depending on several factors, including:

  • the value of the deceased person’s assets
  • the complexity of the estate
  • and the state in which the probate occurs


In some cases, the cost of probate can be very high. This is especially true if there are disputes among the heirs or beneficiaries or if the estate is particularly complex. Or, additionally, if the deceased person did not have a will or other estate planning documents, the probate process may take longer and cost more due to additional legal and administrative fees.


Factors That Affect Probate Costs

Some factors that may increase the cost of probate: 

  • Estate size: As mentioned, the larger the estate, the higher the probate costs.
  • Type of property: Certain types of assets, such as real estate or business interests, can be more difficult to value and distribute, which can increase probate costs.
  • Debts and taxes: If the estate has outstanding debts or taxes, these must be paid before the assets can be distributed to the heirs or beneficiaries.
  • Disputes: If there are disputes among the heirs or beneficiaries, such as a contesting of the will, this can significantly increase probate costs (and the length of time needed to settle the estate and make distributions to beneficiaries).
  • Attorney fees: Hiring an attorney to help with the probate process can be expensive, and these fees can quickly add up if they are billing hourly rather than a flat fee.


How do you avoid high probate costs? 

One way to avoid probate costs is to create an estate plan that includes a living trust. With a living trust, assets can be transferred to the trust while the person is still alive, which can help avoid the need for probate. A living trust can also provide more control over how assets are distributed after death and can help minimize estate taxes. For married couples, a single living trust package can usually be used to plan for the assets of both spouses; on the other hand, if probate is required, then a separate probate process will be required for each spouse upon their death, which increases costs even more.



Probate can be a costly and time-consuming process, which is why it’s important to consider ways to avoid it if possible. By creating an estate plan and utilizing tools like a living trust, you can help ensure that your assets are distributed according to your wishes and that your loved ones are taken care of without incurring unnecessary costs. If you need help with estate planning or navigating the probate process, contact us today for a free consultation!