Estate & Probate · For executors and families

What Does Probate Cost in Washington?

Written from the Washington statutes it cites, checked October 11, 2026. Its primary sources are listed at the end of the page.

Attorney fees: hourly, percentage, or something else?

Washington's probate statutes do not set attorney fees as a percentage of the estate, and they do not list hourly rates. What the law says is:

• Attorney fees for work on the estate are part of the compensation the court may allow, in an amount "the court shall deem just and reasonable" (RCW 11.48.210).
• The executor may receive extra pay if they also act as the estate's attorney.

Whether a lawyer bills hourly, by flat fee or another way is agreed between the executor and the lawyer. The law sets no typical dollar range, so none is given here.

How heirs can question fees

• Closing with a court decree. If an executor with "nonintervention powers" (authority to act without court approval for each step) asks the court to close the estate, the petition must "state the fees paid or proposed to be paid" to the executor, attorneys, accountants and appraisers. Any heir whose share would be reduced by those fees receives a copy. If asked, the court will "determine the reasonableness of said fees" at the hearing (RCW 11.68.100).
• Closing with a declaration of completion. If the executor closes the estate by filing a declaration of completion, it must list the fees paid or to be paid. A party has 30 days after it is filed to ask the court to review them. If no one does, the fees "will be deemed reasonable and will be approved" (RCW 11.68.110). Missing that deadline can end the chance to object.
• Misconduct. If an executor breached their duties, a party can petition the court. The court can order remedies that include money damages, removal, and attorney fees (RCW 11.68.070). If the court finds the executor did not do the job properly, it may "deny him or her any compensation whatsoever" or reduce it (RCW 11.48.210).

Court filing fees and copies

The basic probate filing fee is set by state law. RCW 36.18.020 sets a $200 fee for the person who opens a probate, plus surcharges listed in the same section. King County's clerk lists the total as:

Source: King County fee schedule effective October 1, 2026, read October 11, 2026. In other counties, check the clerk's current fee schedule.

Probate bond: is it required?

A bond protects the estate if the executor mishandles money. Under RCW 11.28.185, whether one is needed depends on the facts:

• No bond is required when the will shows the person did not want the executor to post one.
• No bond is required when the executor is the surviving spouse or domestic partner and the court finds the whole estate, after expenses and creditor claims, will go to them.
• No bond is required when a bank or trust company serves as executor.
• A bond is always required when the court appoints an outside "suitable person" because no one entitled to serve asked to within 90 days of the death (RCW 11.28.120(3)), unless that person is a bank, trust company or qualifying law firm. The bond must be "commensurate with the major probate assets." This rule took effect June 11, 2026.
• In all other cases, a bond is required "unless waived by the court." The court sets the amount.
• The court can require a larger bond at any time, or reduce one "upon a proper showing."

Executors who live out of state. A nonresident must appoint a Washington agent and "must file a bond to be approved by the court," unless bond was waived under RCW 11.28.185 (RCW 11.36.010).

The cost of a bond premium is set by the bonding company, not by law.

Who pays: the estate or the executor?

In most cases the estate pays. The executor "shall be allowed all necessary expenses in the care, management, and settlement of the estate" (RCW 11.48.050). When the estate's debts are paid, "Expenses of administration" come first, ahead of funeral costs, last-illness costs and other claims (RCW 11.76.110).

Disputes are different. In a court dispute over an estate, the judge may order costs, "including reasonable attorneys' fees," paid by any party or by the estate, and can consider "whether the litigation benefits the estate" (RCW 11.96A.150). An executor or heir may be ordered to pay costs personally.

Is the executor paid, and is it taxable?

Pay. Executors can be paid. If the will sets the pay, that amount is the full payment unless the executor files a written refusal with the court before qualifying as executor. If the will says nothing, or there is no will, the court sets pay that is "just and reasonable" (RCW 11.48.210). Some family executors decline payment.

Taxes. The IRS says: "All personal representatives must include fees paid to them from an estate in their gross income." An executor who is not in the business of serving as executor reports the fees as other income, not self-employment income (IRS Publication 559, 2025 edition). A tax professional can advise on a particular situation.

Other common costs

• Notice to creditors. If the executor gives notice to creditors, it must be published "once each week for three successive weeks in a legal newspaper" in the county where the estate is being handled. If the person lived in Washington but probate was opened in a different county, it is published in the county where they lived instead (RCW 11.40.020). The newspaper sets the price.
• Appraisals and accountants. Within three months of appointment, the executor must prepare a sworn inventory with each item's "fair net value, as of the date of the decedent's death" (RCW 11.44.015). The statute does not require a professional appraiser. Appraiser and accountant fees are among the fees disclosed at closing (RCW 11.68.100).

What to do next

• See the overview at Washington Probate & Estate Property: The Complete Guide.
• Check the 30-day fee-objection window and other deadlines at Washington Probate Deadlines & Key Rules.
• If you are the executor, start with Executor Responsibilities — First Steps, and keep receipts for every estate expense.
• Look up unfamiliar terms in the Washington Probate & Estate Glossary.
• For finding a lawyer, see Probate Attorneys in Western Washington.

Related: Who Pays a Parent's Debts After They Die in Washington? · Can a Will Be Challenged in Washington? · Family Member or Trust Company? Choosing a Trustee in Washington