Probate has a reputation for being slow and expensive, and the real numbers back it up — though how slow and how expensive depends heavily on which state the property sits in.
The Real Timeline
Most probate cases take 9 to 18 months to resolve; the American Bar Association’s own figure is 16 months on average. Complex estates — multiple properties, disputes among heirs, unclear or missing beneficiary designations — can run considerably longer. The clock doesn’t start until the will is filed with the court and an executor is formally appointed, which itself can take weeks.
The Real Cost
Total probate costs typically run 3% to 8% of the estate’s gross value, covering attorney fees, executor fees, court filing fees, and appraisals. On a $500,000 estate, that’s roughly $15,000 to $35,000 — money that comes out of what heirs actually receive.
Why the Same Estate Costs Different Amounts in Different States
Probate rules are entirely state-specific: some states set attorney fees as a percentage of the estate, others require only “reasonable” hourly billing. A $300,000 estate has been documented costing families $13,800 in California, $8,100 in New York, and $2,400 in Texas — the same size estate, wildly different outcomes purely based on which state’s probate code applies.
What Actually Avoids It
Assets don’t go through probate if they pass by a mechanism other than a will: beneficiary designations on retirement accounts and life insurance, payable-on-death bank accounts, jointly-held property with survivorship rights, or assets titled in a living trust. This is exactly why getting retirement account beneficiary designations right matters as much as the will itself — a beneficiary form legally overrides whatever the will says for that account, and an outdated or missing one can pull an asset into probate that didn’t need to be there.
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