✓ 50 States + D.C. coverage✓ 2026 $15M federal exemption✓ Statute-cited figures✓ Updated 2026

Statutory Probate Fee & Living Trust Breakeven Calculator

Determine legal attorney fees, executor commissions, and court costs mandated by state statutory codes. Understand the gross-value trap, asset freeze timelines, and exactly when a Revocable Living Trust saves your family thousands of dollars.

Estate Asset Parameters

$850,000
Full fair market value of homes, land, and rental properties.
$400,000
⚠ Statutory fees do NOT deduct mortgage debt in this state.
$80,000
Vehicles, bank accounts, and investments without designated POD/TOD beneficiaries.

Executors are legally entitled to statutory commissions matching the attorney scale, unless waived.

Statutory Probate Fee Verdict

High Probate Exposure Detected
$44,650
Estimated total statutory drag (~4.80% of gross assessable assets)
Statutory Attorney Fee:$21,600
Executor Statutory Commission:$21,600
Court Filing, Referee & Publications:$1,450
Estimated Estate Freeze Duration:12 - 18 Months
Revocable Living Trust Breakeven Comparison
Avg. Living Trust Setup Cost
$2,800
Family Net Wealth Saved
$41,850

Under California Probate Code § 10810, statutory fees are calculated on the gross value of the estate without deducting mortgage debt. Both the probate attorney and the executor are legally entitled to statutory fees.

Advertisement / Patrocinado
Reserved Ad Slot #probate_calc_bottom

How Statutory Probate Fees Work: The Gross Asset Valuation Rule

In states with statutory probate fee structures—most notably California (California Probate Code § 10810) and Florida (Florida Statutes § 733.6171)—probate attorney fees are not based on hours worked. They are calculated as a graduated percentage of the gross estate value.

The Mortgage Trap: If a decedent leaves a home appraised at $900,000 with an outstanding mortgage balance of $600,000, the family’s net equity is only $300,000. However, the probate court computes statutory attorney fees on the entire $900,000 gross valuation. Under California § 10810, the statutory attorney fee alone is $21,000. If the executor also accepts their statutory compensation under § 10800, total statutory fees reach $42,000—draining 14% of the family’s actual net equity.

California Probate Code § 10810 Fee Schedule

  • 4% on the first $100,000 ($4,000)
  • 3% on the next $100,000 ($3,000)
  • 2% on the next $800,000 ($16,000)
  • 1% on the next $9,000,000
  • 0.5% on the next $15,000,000

When Does a Revocable Living Trust Pay for Itself?

A comprehensive attorney-drafted Revocable Living Trust package typically costs between $2,000 and $3,500. A Living Trust achieves breakeven under the following conditions:

  1. Real Estate Ownership: If you own real property in California, Florida, or New York, a Living Trust almost always pays for itself 4x to 10x over by bypassing statutory probate entirely.
  2. Privacy Protection: Probate proceedings are public court records. Creditors, estranged relatives, and solicitors can inspect estate inventories and beneficiary distributions. Trusts remain private contracts.
  3. Multi-State Property: Owning real estate in two or more states requires "ancillary probate" in each jurisdiction unless held in a trust.

Need to verify whether your personal property qualifies for probate exemption? Use our dedicated 50-State Small Estate Affidavit Limit Checker.

Frequently asked questions

Does a home with a mortgage go through probate in California?
Yes. Real property held in an individual name must go through probate if total assets exceed the small-estate threshold ($184,500 in California). Crucially, under California Probate Code § 10810, statutory attorney fees are calculated on the gross fair market value of the home, without subtracting mortgage debt.
How much are statutory attorney fees for probate in California?
California sets fees at 4% on the first $100,000, 3% on the next $100,000, 2% on the next $800,000, 1% on the next $9,000,000, and 0.5% on the next $15,000,000. Executors are legally entitled to an identical fee unless waived.
How does Florida calculate probate legal fees?
Under Florida Statutes § 733.6171, attorney fees for formal administration are presumed reasonable based on the inventory: $1,500 up to $40k, $2,250 up to $70k, $3,000 up to $100k, and 3% on the value between $100k and $1M.
Is a living trust always cheaper than probate?
For estates with real estate or gross assets above $200,000 in statutory states like California, Florida, or New York, a revocable living trust ($2,000-$3,500 setup cost) typically saves $15,000 to $40,000 in statutory fees and bypasses 12 to 18 months of court delay. For small estates below state thresholds with no real property, a Small Estate Affidavit is faster and requires no expensive trust.
Can Texas estates avoid probate court supervision without a trust?
Yes. Texas Estates Code § 401 allows for Independent Administration if provided for in a valid Will. An independent executor can settle debts and distribute property with virtually no court supervision or statutory percentage fee drag.

Related tools from our network

A focused set of free calculators and guides across related topics — no account required.