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PROBATE 

Assets titled in your name only must 
go through probate before they can be 
distributed to your heirs. 

Probate costs must be paid from your estate before your 
assets can be fully distributed to your heirs. They vary 
widely from state to state, but usually are estimated at 
3-8 of an estate's gross value. 
Some states actually calculate probate costs on the 
total gross value of an estate, before debts are paid. So, 
for example, if your home is valued at $200,000 when 
you die, probate costs would be calculated on the full 
$200,000-even if the mortgage is $180,000. 
Who gets most of this money? The biggest expense 
is legal and executor fees. Some states have regulated 
(statutory) fee schedules for attorneys and executors, so 
you can look on a chart and find out what it should cost 
to probate an estate. 
Other states use what is called a reasonable fee system. 
The problem with "reasonable" fees is there is no way 
for you to know what these fees will be until the entire 
process has been completed. 
Why should I care about probate fees in other states? 
If you own assets (especially real estate, like a vacation 
home) in other states, your family will probably face 
multiple probates, each one according to the probate laws 
and costs of that state. They will also probably need to 
hire an attorney in each state. 

But I don't own that much. Why should I be concerned about probate? Generally, probate 
costs take a larger percentage from smaller estates (which can least afford it) than from larger 
ones. If someone tells you probate is not expensive, ask for a written estimate of what it would 
cost to probate your estate if you and your spouse died today. 
The following chart shows fees in California, Florida and New York for just the attorney and 
executor. Probate fees in your state may be higher or lower. 

ESiATE VALUE 

COMBINED FEES FOR ATTORNEY AND EXECUTOR* 

		California 	Florida 	New York 
	$100,000 	$8,000 	$6,000 	$10,000 
	$200,000 	$14,000 	$12,000 	$18,000 
	$500,000 	$26,000 	$30,000 	$38,000 
	$1,000,000 	$46,000 	$60,000 	$68,000 
	$2,000,000 	$66,000 	$110,000 	$118,000 
	$5,000,000 	$126,000 	$250,000 	$268,000 
*5' tatt/tory foes for Calijonzia tlnd Honda. ]\.T01)/ York fees based on attorlley'i' "reasonable' foes being eqllal to statutory executorfees. 
Filing, appraisal, and plfblictltion fees, bonds and legtll 'feesfor "exiraordinary" services (will.'Ofttest, ta»: advice, tax returns, and 
rea! estate transaaions.for example) are in addition, 
Regardless of how fees are initially calculated, a judge can and often will allow higher fees, depend- 
ing onthe time and/or circumstances involved. Generally speaking, the more time the attorney 
and executor have to spend probating an estate, the more it will cost. 
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