How Much Does a Probate Lawyer Cost | RMO Lawyers

Probate lawyer and attorney costs are standardized in California and most other states. Plus, other fees and compensation also are predetermined. To help clarify, let’s discuss the four basic groups of probate lawyer costs and other fees.

0:00 How Much Does A Probate Lawyer Cost?
0:12 1. Ordinary Probate Lawyer Costs
0:23 2. Ordinary Executor Compensation
0:35 Extraordinary Fees
0:55 Court Fees
1:11 How much does a probate lawyer charge?

1. Ordinary Probate Lawyer Costs -- Ordinary probate attorney costs are predetermined by statute and based upon the value of a decedent’s estate. If working with a probate attorney, you shouldn’t need to pay your attorney anything up front or during the pendency of the administration. Instead, their ordinary fees will be taken from the estate as part of a petition for final distribution.

2. Extraordinary Fees -- In addition to the statutory ordinary compensation to which an executor of the will and his/her attorney may be entitled, the executor and/or attorney may also receive “extraordinary” compensation for such things as property sales and transactions, carrying on a business, tax returns, handling audits or litigation (including will contests and contested accountings), and coordinating ancillary probate administrations. These fees are not set by statute but must be reasonable as determined and approved by the court. They can often exceed the statutory ordinary compensation discussed above.

3. Court Fees -- Court fees are charged by the court and associated properties. Currently, the 2019 California Court Probate Petition fee is $435. On top of this, you can expect to pay additional court fees for a probate referee, and other probate documents. Plus, there will be a cost associated with publishing your probate notice in an approved news publication.

What does a probate lawyer charge? -- There’s a specific formula used for calculating ordinary probate attorney costs, based on the value of the estate. Your ordinary attorney costs will be determined by the standard statutory formula.

How much does an executor of will get paid? -- Quick answer: An executor or administrator of the will is entitled to be paid the same ordinary compensation as the probate attorney.

How can I save money using a probate lawyer? -- Because ordinary probate lawyer fees are predetermined by statute, the best way to reduce costs is by saving time, i.e., making the probate process proceed more quickly. Choosing an experienced probate lawyer, experienced with the probate processes in the decedent’s local county probate court is a good place to start.

Should I choose a probate lawyer near me? -- Yes, it helps. However, it’s more important to retain a probate lawyer who has experience in the decedent’s county of residence. For example, if the decedent lived in Los Angeles County, you would be best-served to retain an attorney who practices regularly in the Los Angeles Superior Court. If you live in Los Angeles, but the decedent lived in Miami, you might consider an attorney familiar with the Miami-Dade Court.

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RMO LLP serves clients in Los Angeles, Santa Monica, Orange County, San Diego, Kansas City, Miami, and communities throughout California, Florida, Missouri and Kansas.

Our founder, Scott E. Rahn has been named “Top 100 – Trust and Estate Litigation” by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation

[lh]

i’d like to know the approximate cost difference of probate process vs irrevocable trust? obviously you pay a lawyer to set up the trust but then avoid court entirely. which is less costly? trust saves time and headaches but at what cost in setting it up approximately as i know each estate scenario is different

[trackmastersdj]

This doesn't apply to Trust litigation though. Right??

[saintlucifer]

I need help. It's been almost 3 years and still the lawyer is still holding my inheritance