Probate Lawyers and Fees

The process of probate, or wills and probate, is one of the most difficult and lengthy processes for a will or a trust to go through following the death of a decedent. Probate can be avoided by some with the creation of a living trust, the creation of an irrevocable living trust, the giving of gifts prior to death, having pay-on-death bank accounts and using state exemptions made available for certain monetary amounts. For those that cannot avoid probate they will endure a lengthy procedure that will incur massive legal fees and attorney fees that can be worth anywhere from 3-7 percent of the entire estate’s value.

Probate Lawyers can help with:

  • The validation of a will or trust
  • The inventory of the deceased’s assets
  • The payment of all debts; taxes and creditor’s claims
  • The distribution of assets (money and property) to the beneficiaries as determined by the will or the trust
  • The contest of a will
  • Battles between heirs about the money or property being handed down in a will or a trust
  • There was no executor of the estate or trust named
  • A family member has challenged the will and the named beneficiaries of the estate or assets
  • A mistake in filing probate occurred, which can be no heirs listed even if there are heirs to the decedent

Probate Lawyer Fees

The cost of a probate lawyer depends on a variety of different factors. Those factors include the following:

  • The length of time of the probate process: typically more than one year
  • The size and complexity of the estate going through probate (complexity is determined by claims against the estate and the amount of assets to be included in the estate for tax purposes)

Costs of Probate

The costs of probate can include one or more of the following items, which can amount to anywhere from 3-7 percent of the estate’s value:

  • Appraisal costs
  • Executor’s fees
  • Filing fees for the court
  • Surety bond fees
  • Legal fees
  • Accountancy fees

Obtaining Legal Help

If you or a loved one is headed to the process of probate, contact a wills and inheritance attorney immediately for expert legal counsel regarding your situation. Hiring an attorney will make the probate process easier to deal with since it will drag out over a period. An attorney will also be able to answer all of your questions regarding the probate process.