WHAT IS THE BASIS FOR COMPUTING PROBATE FEES?

Probate court fees are strictly regulated by statute. They are based on the size of the estate in the decedent’s name alone and on the amount that may have been owned with others, such as survivorship property and other taxable transfers. The following is the section that is used to compute probate fees for estates in which proceedings commence on or after January 1, 2011:

Notes:

1. Any portion of the basis for costs that is determined by property passing to the surviving spouse shall be reduced by 50%.
2. If the basis for costs is less than $10,000 and a full estate is opened, the minimum cost is $150.00.
3. In the case of a deceased person who was domiciled in this state on the date of his or her death, the gross estate for estate tax purposes shall, for the purpose of determining the basis for costs, be reduced by the fair market value of any real property or tangible personal property of the deceased person situated outside of this state.
4. In the case of a deceased person who was not domiciled in this state on the date of his or her death but who owned real property or tangible personal property situated in this state on the date of his or her death, only the fair market value of such real property or tangible personal property situated in this state shall be included in the basis for costs

Please consult the statutes to compute fees for estates where proceedings commenced before January 1, 2011.