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Probate Costs by State 2024

Probate Costs by State 2024

What is Probate?

Probate refers to a legal term that encompasses the process in which someone's will is reviewed and property or estate distributed according to the deceased individual's wishes. Part of the probate process refers to determining if the will is authentic and if the recommended proceedings and transfers are legal. Probate can also refer to dispersing a deceased person's property accurately and legally if the deceased does not have a will in place.

Usually, a person will be made the administrator of the will to handle the probate process. This person will collect assets and pay any outstanding amounts, fees, or liabilities. Usually, probate has several fees ranging from individual state processing fees, individual legal fees, transfer fees, or taxes. Two major taxes that makeup probate are inheritance tax and estate tax. Inheritance tax and estate tax vary by state and amount, so it is important to understand the legal restrictions and tax brackets in your own state.

What States Have an Inheritance Tax?

Inheritance tax is a fee that is levied on inherited property or assets after a person has passed away. Inheritance tax is not common in the United States. However, six different states enforce some sort of inheritance tax. In addition to legal probate fees and transfer fees, expect to pay inheritance tax in Iowa, Nebraska, Kentucky, Pennsylvania, New Jersey, and Maryland. These states all have a different tax percentage sliding scale which changes the amount of tax owed based on the amount of property or assets inherited.

Iowa passed a bill in 2021 that will phase out the state’s inheritance tax. Deaths occurring after January 1, 2025, will be completely exempt from this tax.

What States Have an Estate Tax?

Unlike an inheritance tax, an estate tax is levied on a person's assets after passing away. Usually, across the United States, the federal tax applies to over $11.7 million in assets. In 2022, this limit was raised to $12.06 million. Depending on the number and value of taxable assets, the estate tax ranges from 18% to 40%.

Not every state will have an estate tax, however. Only Washington, Oregon, Minnesota, Illinois, New York, Maine, Massachusetts, Rhode Island, Connecticut, Vermont, and the District of Columbia. has an estate tax different from the federal estate tax. Maryland also has an estate tax, making it the only state to have both an inheritance and an estate tax. If a state is not listed as having an estate tax, assume only the federal tax for estates and assets applies.

Probate Costs by State 2024

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State
Court Costs
Attorney Fees
Accountant Fee
Appraisers Fee
Business Valuation Fees
Executor/ Administrator/ Personal Representative/ Probate/ Surety/ Estate/ Court Fiduciary Bond
Executors Fee-Personal Representative Compensation
Filing Fees
Land Surveyors Fee
Publication Fee
Real Estate Recording Fees
Additional Details
Alabama
Alaska
Arizona
Arkansas
California
Executors can waive their right to compensation. Probate Bond - required in California for all Pers...
Colorado
Connecticut
Delaware
Florida
Georgia
Georgia Executor fees are governed by detailed law; a general average could put the number allowed a...
Hawaii
Idaho
Illinois
Indiana
Iowa
Executors can waive their fee which would be taxable.
Kansas
Kentucky
Louisiana
Maine
Maryland
Personal Representative compensation - Maryland is a reasonable compensation state; although the sta...
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Wyoming state law limits Executor fees at a certain percentage (ranging from 3 - 10 percent) based o...
Massachusetts
showing: 50 rows

Probate Costs by State 2024

  1. Alaska Probate Fees - Trust and Will
  2. Alabama Probate Fees - Trust and Will
  3. Arizona Probate Fees - Trust and Will
  4. Arkansas Probate Fees - Trust and Will
  5. Colorado Probate Fees - Trust and Will
  6. California Probate Fees - Trust and Will
  7. Connecticut Probate Fees - Trust and Will
  8. Delaware Probate Fees - Trust and Will
  9. Florida Probate Fees - Trust and Will
  10. Georgia Probate Fees - Trust and Will
  11. Hawaii Probate Fees - Trust and Will
  12. Idaho Probate Fees - Trust and Will
  13. Illinois Probate Fees - Trust and Will
  14. Indiana Probate Fees - Trust and Will
  15. Iowa Probate Fees - Trust and Will
  16. Kansas Probate Fees - Trust and Will
  17. Kentucky Probate Fees - Trust and Will
  18. Louisiana Probate Fees - Trust and Will
  19. Maine Probate Fees - Trust and Will
  20. Maryland Probate Fees - Trust and Will
  21. Massachusetts Probate Fees - Trust and Will
  22. Michigan Probate Fees - Trust and Will
  23. Minnesota Probate Fees - Trust and Will
  24. Mississippi Probate Fees - Trust and Will
  25. Missouri Probate Fees - Trust and Will
  26. Montana Probate Fees - Trust and Will
  27. Nebraska Probate Fees - Trust and Will
  28. Nevada Probate Fees - Trust and Will
  29. New Hampshire Probate Fees - Trust and Will
  30. New Jersey Probate Fees - Trust and Will
  31. New Mexico Probate Fees - Trust and Will
  32. New York Probate Fees - Trust and Will
  33. North Carolina Probate Fees - Trust and Will
  34. North Dakota Probate Fees - Trust and Will
  35. Ohio Probate Fees - Trust and Will
  36. Oklahoma Probate Fees - Trust and Will
  37. Oregon Probate Fees - Trust and Will
  38. Pennsylvania Probate Fees - Trust and Will
  39. Rhode Island Probate Fees - Trust and Will
  40. South Carolina Probate Fees - Trust and Will
  41. South Dakota Probate Fees - Trust and Will
  42. Tennessee Probate Fees - Trust and Will
  43. Texas Probate Fees - Trust and Will
  44. Utah Probate Fees - Trust and Will
  45. Vermont Probate Fees - Trust and Will
  46. Vriginia Probate Fees - Trust and Will
  47. Washington Probate Fees - Trust and Will
  48. West Virginia Probate Fees - Trust and Will
  49. Wisconsin Probate Fees - Trust and Will
  50. Wyoming Probate Fees - Trust and Will

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