All Laws Decoded

How Much Does a Probate Lawyer Cost?

It depends on the state and the size and complexity of the estate. Some states set probate attorney fees by law as a percentage of the estate's value (California) or set a schedule presumed reasonable (Florida), while others leave the fee to agreement subject to court review; fees are generally paid from the estate, and small estates may be able to skip formal probate.

What the law says

FAQ

Who pays the probate lawyer?
Generally the estate. California's self-help guide says the lawyer is generally paid at the end of the case from the money left in the estate.
Is the probate lawyer's fee set by law?
In some states. Florida, for example, sets a fee schedule for ordinary services that is presumed reasonable, and the court may increase or decrease it on petition of an interested person.
Can a court change a probate lawyer's fee?
Yes, in some states. In New York, the Surrogate's Court is authorized to fix and determine an attorney's compensation during the administration of an estate.
Can I avoid probate costs for a small estate?
Sometimes. California allows a small estate affidavit for personal property below a set limit after 40 days, without formal probate.
Are there costs besides the lawyer's fee?
Yes. California's self-help guide says the filing fee is typically $435 and administration costs, such as newspaper notice and appraisals, are often well over $1,000.
Do I have to hire a lawyer for probate in Florida?
The Florida Bar's pamphlet says a personal representative should always engage a qualified attorney.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.