The Cost to hire a Probate Lawyer

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The Cost to hire a Probate Lawyer

The cost of hiring a probate lawyer

Hiring a lawyer is one of the most expensive parts of the probate process for many families. A probate lawyer costs $ 3,500 to $ 7,000 in a simple case. However, complex real estate and controversial methods can be significantly costly.

By understanding how your attorney will charge you for the service, you can decide whether to work with your attorney or choose other options to reduce your attorney’s costs. Remember that real estate pays the attorney’s fees-it doesn’t come out of the executor’s pocket. Of course, if you are the executor and the only heir, the fees come from the money that will soon be yours. Otherwise, the cost will be deducted from the property before it is distributed to those who inherit it.

How do the probate lawyers determine the charges?

In many states, real estate fees are set by law and often set as a percentage of the property’s value. 

 For example, in California, lawyers may collect a certain percentage of the value of the real estate. 

  • For the first $ 100,000 worth, a lawyer can raise 4% (also known as $ 4,000). 
  • Attorneys may charge 3% for the next $ 100,000 value. 
  • You can collect 2% for the next $ 800,000. After that, the percentage will decrease.

Even in states where attorney fees are stipulated by law, attorneys’ fees may charge more if they do what is considered “extraordinary,” such as helping to sell a business. The Probate Court must approve this additional charge as reasonable for the work performed.

Perhaps the most common way for a probate lawyer to charge a customer is by the hour. Hourly rates vary depending on where you live and your lawyer’s experience (and busyness). In rural areas, you may be charged $ 150 per hour. You are likely to incur more than $ 200 per hour in urban areas.

Some states allow lawyers to set their rates, assuming that competition effectively regulates costs. For example, a New York attorney may charge a flat rate to undertake a prosecution case, hourly wage, or percentage of real estate.

Some lawyers may charge a different flat rate for various parts of the verification process, including the fee for obtaining an agent or letter of comfort and another fee for processing the property. 

Most lawyers require a prepayment (down payment) to start work and calculate the balance when real estate assets are available. Unfortunately, prepaid expenses are typically between $ 1,500 and $ 3,500, often limiting access to cheap attorneys.

Why does the cost of a probation lawyer increase?

Here are some examples of issues that increase the cost of hiring a probate lawyer: 

  • Will’s problem. 
  • Provisions that violate state law 
  • Wants competition from heirs or other stakeholders 
  • Incorrect death certificate 
  • A significant number of stakeholders need to be notified.  
  • Dozens of potential heirs 
  • Customers spend a great deal of time and attention.

It is difficult to know precisely what the cost of a probate attorney will be, as flat-rate contracts for prosecution lawyers generally include wording that allows additional charges in the event of a complex problem.

Is there any way to save money on a probate lawyer?

Negotiation: Lawyers may charge a flat rate for all prosecution cases, but you can still negotiate with them. We suggest that they primarily serve as advisors. Fill out the form, notify the deceased, and have a lawyer check everything you have submitted to the court. 

Select Expertise: Talk to a lawyer familiar with the probate court where the probate court is processed, so they don’t spend time catching up. 

Limit requests: Limit the number of times you can send emails or make phone calls quickly, especially if you are billing a lawyer hourly. All those minutes will be summed up immediately.

Saving money with a probate lawyer is all about saving time. The less time a lawyer spends on your probate, the less they will charge you.

Another standard billing method is a flat rate. Lawyers who have done many probate examinations know how long it will take to work, and claiming a lump sum means you don’t have to record how your lawyer or paralegal spent your time carefully. To do. Some lawyers also find their clients to feel more relaxed and comfortable with lawyers who know that meters are not always up and running.

Ensure you understand what it covers if you are quoted a flat rate. For example, additional costs, such as legal and appraiser costs, may not be included. Also, the fee will be high if you have a complicated case, such as a will dispute or an inheritance tax return.


The truth is that most prosecution cases go smoothly. In addition, US executors and managers regularly complete probate procedures without a lawyer. However, it is highly recommended to hire a probate lawyer, such as when someone wants to disagree with your will. This can be done on your own or through the planning of a lawyer. But overall, probate is an entirely manageable process and somewhat lengthy.

In some states, lawyers are legally allowed to collect a percentage of the value of the real estate as a fee. You don’t have to do this. You can negotiate an hourly or flat rate with them. But many people like it. Because it usually works very well with the actual work.

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