Most lawyers charge a minimum fee, plus a percentage of the total value of the property, to probate an estate. A typical fee is a flat amount for the first $100,000 of property plus a percentage of the value of the assets above $100,000. For example, if the value of the property you own when you die equals $400,000, a typical fee would be $4,500 — a flat fee of $1,500 plus 1 percent times $300,000. Some states simply say that the fee to probate an estate must be “reasonable.”

It is possible to find a lawyer who will charge by the hour. If your loved ones are prepared and understand the basic steps of the probate process, it is typically cheaper to hire a lawyer who charges by the hour. If you hire a lawyer to prepare your will, you should ask the lawyer how much she bills to probate the estate when you are gone. If you are not satisfied with the answer, you may want to have a different lawyer prepare your will or to hire someone else to handle probate for you.