Probate fees: what an estate actually pays
The short answer
Probate fees come in two kinds. Court costs are fixed and small: Washington's statute sets a $200 probate filing fee, and King County's clerk lists $290 with charges for letters and copies. The larger costs, lawyers, appraisers, accountants and the executor's own pay, have no set amount and must be reasonable.
When people say probate is expensive, they rarely mean the court. They mean everything around it: the lawyer, the accountant, the months of someone's time. It helps to separate the two, because they work very differently.
This page goes through what a Washington estate actually pays, with a source for every figure. We only list numbers we could find on a court or statute page, and we say so where there isn't one. For the executor's whole job, see our guide to the executor of an estate.
What are the court fees for probate in Washington?
Court fees are the one part of probate with fixed prices. Washington's statute on superior court clerk fees sets the base charge. The person who opens a probate case pays $200 when filing the first document (RCW 36.18.020).
What a county actually charges can be higher than that base. Here is what the King County Superior Court Clerk's office lists today (King County Superior Court Clerk):
| Item (King County) | Fee |
|---|---|
| Probate filing | $290.00 |
| Letters testamentary or of administration | $5.00 each |
| Certified copy, first page of each document | $5.00 |
| Certified copy, each additional page | $1.00 |
| Will filing only, with no probate | $20.00 |
| Petition to contest a will | $290.00 |
Other counties set their own amounts, so check your county clerk's fee page before filing. An executor may need several certified copies of the letters, since each bank or title company may want one. Our executor checklist puts that errand in order with the rest.
Other fixed costs
Notice to creditors
Publishing notice to creditors means running it once a week for three weeks in a legal newspaper (RCW 11.40.020). The newspaper charges for that. We found no statewide rate, because each paper sets its own.
A bond, if the court requires one
The court may require the personal representative to post a bond. No bond is needed when the will waives it, or when a bank or trust company serves (RCW 11.28.185). When one is required, a bonding company charges for it, and the estate pays.
That is one small reason wills often waive the bond. It saves the estate a cost.
The costs with no set amount
These are the larger pieces, and Washington sets no percentage or schedule for any of them. The standard is that each must be reasonable.
The lawyer
A personal representative can hire a lawyer, and the estate pays fees the court considers reasonable (RCW 11.48.210). A lawyer may bill by the hour or quote a flat fee. Our post on what estate planning lawyers cost shares the published rates we could find.
The executor's own pay
A personal representative may be paid from the estate. If the will sets the amount, that controls, unless they formally give it up before serving. Otherwise the court allows what it considers "just and reasonable" (RCW 11.48.210).
Some family executors decline the fee. Our posts on how much an executor gets paid and executor fees in Washington go further.
Appraisers and accountants
The inventory values each item as of the date of death (RCW 11.44.015). A house or a collection may need a professional appraisal. An accountant may prepare the final income tax return or an estate tax return.
Washington's closing paperwork lists these alongside the lawyer and the personal representative. The declaration of completion must state the amount paid to each personal representative, lawyer, appraiser and accountant (RCW 11.68.110).
Who checks that fees are reasonable?
The heirs do, with the court as backstop. Every fee is disclosed before the estate closes.
- With nonintervention powers, the fees appear in the declaration of completion. Anyone who hasn't received their full share gets a copy. If nobody petitions within 30 days, the fees are deemed reasonable (RCW 11.68.110).
- With a court decree instead, the petition must state the fees paid or proposed. Any heir whose share would shrink gets a copy, and the court decides reasonableness on request (RCW 11.68.100).
- If there is a dispute, the court can order costs and lawyers' fees paid by a party, from the estate, or from a nonprobate asset involved (RCW 11.96A.150).
That last point is why disagreement is so costly. A fight over the will or the house can bring lawyers in on every side.
What drives the total up or down
| Lower cost | Higher cost |
|---|---|
| Most assets pass outside probate | Everything is in the person's name only |
| The will waives bond | A bond is required |
| Executor named, nonintervention powers granted | Court supervision for each step |
| Records are organized and easy to find | Accounts must be hunted down |
| Family agrees | A will contest or dispute |
| No estate tax return needed | Washington or federal estate tax return required |
Estate tax is not a probate fee, but it can be the largest bill. Washington's estate tax applies above $3,000,000 for deaths on or after July 1, 2026 (Washington Department of Revenue).
How to lower probate fees
The simplest way is to have less go through probate. Beneficiary forms, payable-on-death accounts, transfer-on-death deeds and a funded living trust all pass outside it (RCW 11.02.005). Our post on how to avoid probate covers each.
If what remains is $100,000 or less after liens, a successor can often collect it by affidavit after 40 days, with no court filing fee at all (RCW 11.62.010).
A few other habits help. Waive the bond in your will. Keep a list of accounts where your executor can find it. And name an executor who can actually do the work, with a backup.
Professional executors and their fees
Some people name a trust company or professional as executor. Their fees are set by their own schedules, not by the court, though Washington's reasonableness rules still apply. Our post on trust company fees compares three published schedules.
Kinly members can name Trella Trust Company as executor. If it actually settles the estate, that work is charged by the hour, and you always see the rates before anything starts. Our guide to choosing professional help sets out the options side by side.
Common questions
How much does it cost to file probate in Washington?
Washington's statute sets a $200 fee for filing the first document in a probate case. Counties may charge more: King County's clerk lists $290 for a probate filing. Letters cost $5 each there, and certified copies are $5 for the first page.
Is there a percentage fee for probate in Washington?
No. Washington sets no percentage for the executor or the lawyer. The executor receives what the will sets, or what the court considers just and reasonable, and the lawyer's fees must be reasonable.
Who pays probate fees?
The estate does, from its own funds, before what is left is distributed. That means the fees come out of what the heirs receive. Every fee is listed before the estate closes, so heirs can see and question it.
Can heirs challenge probate fees?
Yes. In Washington, heirs receive a copy of the declaration of completion, which lists every fee. They have 30 days to petition the court to review whether the fees are reasonable.
Does a small estate have to pay probate fees?
Not if it can use Washington's small estate affidavit. A probate estate of $100,000 or less after liens can often be collected by affidavit after 40 days, without opening a court case.
Sources
- RCW 36.18.020: Superior court clerk fees (Washington State Legislature)
- Fee and payment information (King County Superior Court Clerk's Office)
- RCW 11.02.005: Definitions, including nonprobate asset (Washington State Legislature)
- RCW 11.28.185: Bond of personal representative (Washington State Legislature)
- RCW 11.40.020: Notice to creditors (Washington State Legislature)
- RCW 11.44.015: Inventory and appraisement (Washington State Legislature)
- RCW 11.48.210: Compensation of personal representative and attorney (Washington State Legislature)
- RCW 11.62.010: Small estate affidavit (Washington State Legislature)
- RCW 11.68.100: Closing of estate, fees (Washington State Legislature)
- RCW 11.68.110: Declaration of completion of probate (Washington State Legislature)
- RCW 11.96A.150: Costs and attorneys' fees (Washington State Legislature)
- Estate tax (Washington State Department of Revenue)
This page is general information, not legal or financial advice. Laws vary by state.