How Much Do Probate Lawyers Make? 2025 Salary Guide

Probate lawyers play a vital role in assisting families through the legal intricacies of estate administration, will disputes, and trust management. When someone passes away, their estate enters probate—a process where assets are distributed, debts are settled, and the will (if one exists) is validated.

These attorneys ensure everything proceeds legally and smoothly, but how much do they earn for their expertise? Salaries vary widely depending on experience, location, billing methods, and case complexity. This guide explores probate lawyer earnings, factors influencing income, and fee structures to inform aspiring lawyers and clients alike.

Average Probate Lawyer Salaries

Probate lawyer earnings depend on multiple factors. Here’s an overview of projected salaries for 2025, categorized by experience level:

Experience Level	Average Annual Salary (U.S.)
Entry-Level (0–3 yrs)	$72,000–$102,000
Mid-Career (4–10 yrs)	$102,000–$163,000
Senior (10+ yrs)	$163,000–$305,000+

Key Insights:

• Top Earners: Partners at large firms or specialists managing high-value estates may surpass $510,000 annually.
• Public Sector: Probate lawyers in government or legal aid roles typically earn $61,000–$91,000.
• Broader Data:
  • ZipRecruiter: Projects an average of $68,700 for 2025, with most salaries ranging from $50,500 to $79,000, and top earners hitting $100,000.
  • PayScale: Estimates a higher average of $99,500 for 2025, likely reflecting more experienced attorneys or those in high-paying regions.

For lawyers using percentage-based fees (e.g., in California), earnings can escalate quickly. Handling five $1 million estates in 2025 could generate $117,000 from those cases alone. Billing hourly at $305/hour for 1,500 billable hours might gross $457,500, with take-home pay around $204,000+ after overhead.

Factors That Influence Probate Lawyer Income

Several variables shape how much probate lawyers earn:

1. Geographic Location

Salaries reflect local cost of living and demand:

• High-Cost Cities:
  • New York, NY: $153,000–$357,000
  • San Francisco, CA: $142,000–$330,000
• Midwest/Rural Areas:
  • Kansas City, MO: $92,000–$183,000
  • Des Moines, IA: $87,000–$153,000
• States with statutory fee schedules (e.g., California) often yield higher earnings for large estates.

2. Billing Structure

Probate lawyers employ different fee models:

• Hourly Rates: $153–$510/hour, typical for contested cases.
• Flat Fees: $3,050–$15,300+, common for routine probate.
• Contingency Fees: 25–40% of recovered assets, used occasionally in will contests.

3. Case Complexity

• Simple Estates: Uncontested cases with few assets pay less.
• High-Value or Disputed Estates: Multimillion-dollar estates or litigation drive up fees.

4. Firm Size

• Solo Practitioners: $81,000–$204,000, frequently handling fewer but potentially lucrative cases.
• Big Law Firms: Senior attorneys in Trusts & Estates practices earn $305,000+.

5. Additional Income Sources

Many probate lawyers boost earnings with:

• Estate Planning: Drafting wills and trusts ($204–$612/hour).
• Mediation Services: Resolving heir disputes ($2,040–$10,200/case).
• Expert Witness Work: Court testimony ($305–$816/hour).

6. Certifications

Specialized credentials enhance income:

• Board Certification in Estate Planning: Increases fees by 15–25% (e.g., via the ABA).
• LL.M. in Taxation or Estate Planning: Adds $30,500+ to annual salaries.

Related article for you:
How Long Can a Probate Case Stay Open? State-by-State Guide

State-by-State Earnings Comparison

Earnings differ by state due to local economics, demographics, and probate laws:

State	Average Salary Range (Private Practice)	Key Factors
California	$122,000–$357,000	High living costs, complex estates
Texas	$97,000–$255,000	No state income tax, busy courts
Florida	$92,000–$224,000	Retiree-heavy population
New York	$153,000–$408,000	Ultra-high-net-worth clients

How Probate Fees Are Calculated

Probate lawyers use various methods to charge clients, each impacting their income:

1. Hourly Rates

• Junior Associates: $153–$255/hour
• Senior Partners: $408–$510/hour
• Example: A 20-hour straightforward case costs $3,060–$10,200, while complex cases with 50+ hours may exceed $25,500.

2. Flat Fees

• Simple Probate: $3,050–$7,140 (e.g., filing paperwork, asset distribution).
• Complex Probate: $10,200–$25,500+ (e.g., business valuations, tax disputes).
• Flat fees typically exclude court costs or appraisals.

3. Statutory Fees

• In states like California, fees are a percentage of the estate’s gross value:
  • 4% of the first $100,000
  • 3% of the next $100,000
  • 2% of the next $800,000
  • Lower percentages for larger estates
• Examples:
  • $500,000 estate: $13,260
  • $1.5 million estate: $28,560
• In Florida, fees are deemed “reasonable,” often $5,100–$15,300, depending on complexity.

4. Contingency Fees

• Used in will contests, lawyers take 25–40% of recovered assets if successful—uncommon in standard probate.

Job Outlook and Demand

The demand for probate lawyers remains strong:

• Aging Population: Baby boomers continue to increase the need for estate planning and probate services.
• Growth Projection: The Bureau of Labor Statistics (BLS) forecasts 8% growth for lawyers from 2022 to 2032, with estate law exceeding this average due to wealth transfer trends. This momentum is expected to persist into 2025 and beyond.

How to Choose a Probate Lawyer

For clients, selecting the right attorney is essential:

• Check Experience: Look for lawyers with 5+ years in probate or estate law.
• Compare Fee Structures: Avoid those unwilling to provide upfront estimates.
• Read Reviews: Check platforms like Avvo or Martindale-Hubbell for ratings.
• Ask About Credentials: Board-certified lawyers often deliver better outcomes.

Key Takeaways

• Probate lawyers earn $72,000–$305,000+ annually, with top performers exceeding $510,000.
• Hourly rates are common, but flat fees suit simple cases, and statutory fees apply in some states.
• High-value estates, litigation, and certifications significantly increase income.
• Demand is rising due to demographic shifts and wealth transfers.

Final Thoughts

Probate law offers rewarding opportunities for attorneys adept at handling complex legal and emotional challenges. Earnings range from $50,500 to over $510,000, influenced by billing methods, location, and expertise. For clients, understanding these fee structures aids in planning probate costs. For aspiring lawyers, probate law promises a stable career with growing demand and earning potential that scales with experience and specialization.

Need Help?

• Find Certified Probate Attorneys: American College of Trust and Estate Counsel (ACTEC)
• Compare Fee Estimates: LegalMatch