Like all professional services, an attorney’s fees can vary widely. In general, attorneys will charge based on either an hourly rate, a flat fee or a commission structure. The nature of billing often depends on the nature of the services involved. Probate is no different, although sometimes the fees are influenced by state law, so there’s no set average for how much a probate lawyer will cost. This is why it’s important to research the probate attorney cost before retaining one, whether you’re doing so as the estate planner or an heir.
A financial advisor can help you finalize your will, or decide whether a will or trust is right for your situation.
How Do Lawyers Bill?
Lawyers bill their clients using the same three-part structure common among most professional and financial services. The three most standard forms of billing are:
- Flat rate: In this case, the lawyer will charge you a single, flat fee for their services. For example, they might charge you $500 to write a will and estate plan. This is common for more defined services where the scope of work is known in advance.
- Hourly rate: In this case, the lawyer will charge you for their time based on an agreed-upon hourly rate. They typically measure this time in six-minute (10%) increments. For example, they might charge you $250 per hour to manage your estate. While the total amount charged can’t be known in advance, the fee structure is and can only be changed by written agreement. This is the most common form of billing.
- Commission: In this case, the lawyer will charge you a percentage of the assets either in contest or under management. For example, they might charge 2% of the value of the underlying estate to manage its legal affairs. This is most common for plaintiffs’ attorneys and probate attorneys managing a large, complicated or contentious estate.
What Do Probate Lawyers Do?
A probate lawyer represents the interests of their client. This means they give advice on legal rights and responsibilities, advocate in any disputes, and handle interactions with the court.
Most often the lawyer’s client will be the estate itself. In that case, they will bill all fees and costs directly to the underlying estate. The lawyer’s job will be to oversee the estate’s legal obligations, manage any interactions with the probate court, and advocate for the estate in any disputes. It’s also common for the probate lawyer to also serve as the estate’s executor. If so, the lawyer will also manage the estate’s assets, pay all liabilities, and distribute the remaining assets to the heirs as required by will or law.
In some cases, an individual heir may hire a probate attorney to represent their personal interests. In most, if not all, cases, this is something you would do if you have a dispute with the estate. For example, you may want to contest a finding of fact, the executor’s interpretation of the will, or the terms of the will itself.
It’s critical to understand this distinction. If the probate attorney represents the estate, it means that they do not represent you as the heir. While the lawyer will typically try to answer an heir’s questions, they cannot give heirs legal advice or otherwise advocate for their interests.
How Much Do Probate Lawyers Cost?
As mentioned above, if the lawyer represents the estate, they will bill to estate. In this case, they’ll either take a flat fee from the estate’s total assets, withdraw hourly fees from the estate on a regular schedule (typically quarterly), or take a percentage of the estate’s total value.
If the lawyer represents you, they’ll bill you directly. In this case, they typically won’t take a commission. And given that their work will likely be related to a dispute, it’s unlikely they’ll bill you on a flat rate, either. Meaning they’ll often bill on an hourly basis, and request a retainer up front.
A handful of states have specific laws allowing probate attorneys to charge a commission to the estate, including Texas, California, Florida, and a handful of others. In these jurisdictions, a probate attorney might insist on charging by statutory commission. In other states, a lawyer might require a commission agreement before taking on a particularly large, complicated or contentious estate. In all states, regardless of statute, the probate judge will need to approve all billing.
Beyond this, you can expect to pay a flat fee for small tasks such as writing a will or distributing limited assets. You’ll likely pay an hourly rate for most other matters.
There’s no real average for how much a probate attorney can cost. Some outlets suggest that an average probate attorney costs between $200 and $500 per hour. But even these estimates are vague.
A small town lawyer handling a small estate with no disputes might charge a few hundred dollars total. A big firm lawyer handling the disputed estate of a wealthy client may charge more than $1,000 per hour to oversee an estate. The exact scope of these charges will depend on a number of factors, including:
- Location (rural lawyers will charge less than urban lawyers)
- Complexity of the estate
- Size of the estate
- Number and relationship of heirs
- Contentiousness of the estate
In addition to fees, probate attorneys will also bill their clients for any fees and costs. This can include court costs and filing fees, professional services fees (such as hiring accountants or investigators), and any other necessary third-party expenses. The only common exception to this rule is if your lawyer uses a commission-based structure.
The result of this structure is that a probate attorney can quickly become the most expensive part of estate planning. One way to manage this expense is to reduce the size of your estate. You can do this by transferring assets before your death, or by placing your assets in a trust. With a trust, you can retain the use and control of your assets while also removing them from your ownership and estate. Any assets in this trust won’t go through probate, and will proportionally reduce the amount of work and billing involved with managing the estate.
Bottom Line
There’s no set basis for how much a probate attorney can cost, nor is there a reliable average. For a large estate, lawyer fees can quickly become the most expensive part of probate. So when you make your estate plan, it’s important to establish those costs up front.
Tips on Hiring a Lawyer
- An estate planning attorney can be critical for almost all households. Whether you want to manage a complicated estate plan or avoid probate, your first step will be hiring a good attorney.
- A financial advisor can help you build a comprehensive retirement plan. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with up to three vetted financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
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