While not every estate needs an attorney, probate lawyer fees shouldn’t scare you off. By understanding the cost, you can see how probate attorneys help with the probate process.
Ready to start your estate plan?
updated September 1, 2023 · 8min read
Some of the most common concerns about probate involve probate lawyer fees and how much the whole process will cost. The answer can change depending on the size of an estate and any provisions in the will.
Here's a primer on probate law and lawyers, including how the probate process works, how long it takes, potential costs, and how to avoid probate altogether. By learning the basics of probate lawyer fees and court costs, you can manage your estate’s finances with confidence.
Here's a breakdown on what probate is, how long it lasts, and how much it costs.
Probate is the court-supervised process of administering the estate of a deceased person. This includes paying off debts and distributing property. An executor named in the deceased person's will oversees the estate. If there isn't a will, an administrator or personal representative appointed by the court will help.
The basic steps of probate involve:
1. Filing a petition to open the estate and set a hearing to appoint a personal representative
2. Giving notice of the hearing to heirs and beneficiaries
3. Conducting an inventory of the estate (compiling all assets and debts)
4. Giving notice to all estate creditors
5. Paying debts and distributing estate property to beneficiaries
6. Closing the estate
Probating a will can take between a few months to more than a year, although most estates close within a year. How long the process lasts depends on factors like:
Whether the will was straightforward and unchallenged
How well organized the decedent was (i.e., whether the estate was “in order” with a will and other important legal documents such as deeds and titles)
The value of the estate—the more assets or debts an estate has, the longer the probate process will last
Whether estate tax is owed, since Internal Revenue Service (IRS) involvement can prolong probate
Probate costs vary from location to location, but most tally up to 3% to 7% of the estate's value. However, the costs can go much higher and tend to do so as the value of an estate rises. The higher the estate's net worth, the higher your probate costs will rise.
A probate lawyer is a licensed attorney who specializes in probate matters in and out of court. A lawyer for estate planning or will writing shares a similar area of expertise, but a probate attorney focuses on estate administration after someone’s death.
While some probate lawyers help plan your estate, most help administrators and personal representatives in probate court. A probate lawyer will typically:
Oversee a will’s verification in probate court
Distribute a deceased person’s assets and pay their debts
Respond to legal challenges concerning the estate
Manage estates when the deceased person leaves no will
File documents required for probate
Manage the deceased’s final tax filings and tax returns
Appraise probate assets
Collect on life insurance
Probate lawyer fees, also called estate lawyer fees, are charges paid directly to an attorney for legal services. Regardless of the fee structure, clients should request a fee agreement in writing to understand the payment schedule and services included fully.
Probate attorneys generally use these fee structures:
Many probate lawyers charge an hourly rate, which varies by location and how specialized and/or experienced the attorney is
Some probate attorneys charge a flat fee
Attorneys can charge upfront retainer fees to secure their services over a period of time.
Lawyers charge contingency fees when their payment relies on winning a case or securing a certain amount for their employer.
Other probate lawyers request a percentage of the estate's gross value. Those fees can appear unreasonable to some clients (especially those with larger value estates) because the percentage comes from the estate's gross value before subtracting debts such as mortgages on properties.
Depending on your estate or the lawyer’s experience, probate attorneys come at different costs. The variables affecting their rate include:
The lawyer’s quality: Experienced attorneys charge more for their services.
Type of service: Basic probate assistance costs less than specialized will arrangements or property disputes.
Complexity of legal matter: Some wills may contain complicated estate plans or outright contradictions the lawyer must resolve.
Length of the entire process: Fast turnarounds lead to smaller legal fees than drawn-out probate proceedings.
Location of the estate: State policies can affect how much probate attorneys earn for their work.
Hiring a probate lawyer is not required. Still, if you are an administrator or executor of an estate, you may want to speak with an attorney for advice. Before deciding to hire a probate attorney, ask yourself:
How complicated is the estate?
Did the estate owner pass away with or without an authorized will?
Is a will contest possible?
How does the deceased’s type of will affect their estate?
Are you able to meet the responsibilities of an executor?
Attorney fees aren't the only costs involved in probate. Going to court, appraising assets, and recording documents accrue their own costs. The most common types of probate fees include:
Personal representative fees
Court fees
Publication of notice fees
Accounting fees
Appraisal fees
Recording fees for deeds
While probate fees range from 3%–7% of an estate’s value, state policy can affect the cost. Eighteen states adopted the Uniform Probate Code (UPC), a regulation stating attorneys can only charge “reasonable fees” for their probate services. These states adopted the UPC:
Alaska
Arizona
Colorado
Florida
Hawaii
Idaho
Maine
Massachusetts
Michigan
Minnesota
Montana
Nebraska
New Jersey
New Mexico
North Dakota
South Carolina
South Dakota
Utah
Additionally, some states regulate probate attorneys' fees through statute, forbidding probate lawyers from charging more than a certain percentage of the gross estate value. They include:
Arkansas
Missouri
California
Montana
Florida
Wyoming
Iowa
While an estate administration lawyer and probate can cost a lot, you can shorten or avoid the process. Bear in mind these opportunities depend on state law and the size of your estate.
As a general rule, almost all wills go through probate. However, some estates can avoid probate by meeting state-specific criteria. For example, Florida lets descendants inherit property without probate if they continue to pay property taxes and don't sell the asset.
To learn if your state puts all wills through probate, consult an attorney.
An estate with relatively few assets or lesser gross value may access a simplified probate process. Bear in mind that not all states will allow shortened probate. The states that do generally refer to this as the "small estate probate process." While the specific criteria depends on local policy, you can usually shorten probate by:
Keeping your estate under a certain size or monetary value
Implementing state-specific provisions into a will
Note: The average duration of probate also depends on the state. For example, California probate usually takes between six to 18 months. But Texas probate tends to wrap up in three to six months.
Common estate-planning methods for avoiding probate include the following:
Joint ownership of property: Because property passes directly to another owner, it doesn't have to go through probate.
Designation of intended beneficiaries directly on certain accounts: Life insurance, retirement, bank pay-on-death (POD) accounts, and investment transfer-on-death (TOD) accounts pass funds outside of probate.
Creation of a living trust: Because property contained in the trust gets distributed to the intended beneficiary, it avoids probate.
Still have some questions? Here are some FAQs about probate and estate planning.
A probate attorney receives payment directly from the estate. Neither the executor nor the administrator has to pay the attorney.
Probate assets refer to property that can only reach beneficiaries after going through probate. Here are some of the most common examples:
Real estate
Vehicles
Titled assets owned solely by the deceased person
Personal possessions like jewelry, clothing, and collections
Non-probate assets can go straight to beneficiaries. They typically include:
Assets designating a trust as beneficiary or titled in the name of a trust
Life insurance policies, pensions, 401(k)s, and IRAs
Bank accounts with beneficiaries
Jointly owned property with survivorship rights
If you need additional help deciding which assets go to probate, contact a lawyer for estate-planning advice.
You can create a payable-on-death (POD) account by filling out your bank’s beneficiary forms. Payable-on-death registrations set aside money that goes straight to beneficiaries. While the funds won’t go through probate, they still face inheritance tax.
After creating a registration, you can use your bank’s POD forms to:
Add beneficiaries
Remove beneficiaries
Adjust the amount in your account
Transfer funds out of the account
Beneficiary designations may conflict with each other or unintentionally affect your estate plan. After will revisions or major life events, you might miss contradictions in your will. If left alone, these can extend the probate process. In other cases, your assets might not go to the beneficiaries you intended.
To avoid this, hire a trust and will attorney to review your will after each revision.
While probate looks daunting, a great attorney can streamline the process. By understanding probate lawyer fees and the probate court process, you can see how attorneys benefit an estate and its beneficiaries.
If you're involved in a probate case and need legal advice, LegalZoom can put you in touch with an attorney who can answer your questions. Sign up for the personal legal plan and receive unlimited 30-minute phone consultations on new legal matters, including estate planning and other legal questions for a low monthly fee.
by Siege Media, contributor to LegalZoom
By knowing what other trademarks are out there, you will understand if there is room for the mark that you want to protect. It is better to find out early, so you can find a mark that will be easier to protect.
May 11, 2023 · 4min read
Writing a will is one of the most important things you can do for yourself and for your loved ones, and it can be done in just minutes. Are you ready to get started?
May 11, 2023 · 4min read
Considering an LLC for your business? The application process isn't complicated, but to apply for an LLC, you'll have to do some homework first.
September 6, 2023 · 11min read