2026 data 10 states ~$210 avg

Probate — State Comparison

Court-supervised process to administer a deceased person's estate and distribute assets.

Civil-court disposition mix — Probate

Disposition22%14%50%19%14%Plaintiff winDefendant winSettlementDismissedDefault
Civil-court disposition mix — Probate

States covered

10 states

probate

Average minimum fee

$210

Across all surveyed states

Free filings

0 states

All states charge a fee

Longest waiting period

0 days

No mandatory cooling-off

How Probate Cases Typically Resolve

National disposition averages applied to probate filings — settlement is the most common outcome across civil dockets.

Settlement rate 42.0%

Most common civil-case outcome

Plaintiff judgments 18.0%
Defendant
Default judgments (non-response) 12.0%
Dismissals 16.0%

How Probate Filing Costs Vary Nationally

PlainCivil tracks probate filing requirements across 10 states out of 10 covered in the national dataset. Across those states, the average minimum filing fee is $210 and the average maximum is $550 — a spread that reflects both county-level surcharges and how each state funds its court system. The lowest entry cost is in Georgia, starting at $100. The highest ceiling is in New York, where complex cases can reach $1,250.

Waiting periods and procedural timelines differ just as sharply. No state on this list imposes a notably long mandatory waiting period for probate. 10 states have no mandatory waiting period, meaning the court can finalize the matter as soon as the case is ready. Actual time from filing to resolution usually exceeds the statutory minimum because of court calendars, response deadlines, service of process, and any contested issues. Venue rules, residency minimums, and grounds requirements add further state-specific complexity you should check before filing.

This page is a procedural reference, not legal advice. Probate outcomes depend heavily on case facts, local court rules, opposing parties, and the judge assigned. If your situation involves minor children, contested property, domestic violence, housing loss, criminal collateral consequences, or immigration status, contact a licensed attorney or your state legal-aid organization before filing. Every state listed here also offers fee-waiver programs for filers whose household income falls below roughly 125–200% of the federal poverty level.

State-by-State Comparison

10 states
State Filing Fee Details
California
$465–$1,000 Details →
Florida
$300–$600 Details →
Georgia
$100–$300 Details →
Illinois
$250–$500 Details →
Michigan
$150–$350 Details →
New York
$215–$1,250 Details →
North Carolina
$120–$300 Details →
Ohio
$150–$400 Details →
Pennsylvania
$100–$400 Details →
Texas
$250–$400 Details →

Details by State

California

$465–$1,000

Probate Court filing $465. Probate referee fees ~0.1% of estate.

Timeline: 9-18 months typical

Full California details →

Florida

$300–$600

Circuit Court Probate Division.

Timeline: 6-12 months

Full Florida details →

Georgia

$100–$300

Probate Court.

Timeline: 6-9 months

Full Georgia details →

Illinois

$250–$500

Circuit Court Probate Division.

Timeline: 6-12 months

Full Illinois details →

Michigan

$150–$350

Probate Court.

Timeline: 6-12 months

Full Michigan details →

New York

$215–$1,250

Surrogate Court. Fee based on estate value.

Timeline: 9-24 months

Full New York details →

North Carolina

$120–$300

Clerk of Superior Court handles probate.

Timeline: 6-12 months

Full North Carolina details →

Ohio

$150–$400

Probate Court of each county.

Timeline: 6-12 months

Full Ohio details →

Pennsylvania

$100–$400

Register of Wills. Fee based on estate value.

Timeline: 9-18 months

Full Pennsylvania details →

Texas

$250–$400

County Court or Statutory Probate Court.

Timeline: 6-12 months

Full Texas details →

Related

Source: U.S. Bureau of Justice Statistics (BJS) Civil case dispositions and judgment trends · 2025