How much does a probate lawyer cost?
How much does a probate lawyer cost?
$100 – $500 cost per hour
$2,500 – $10,000+ average total cost
Average probate lawyer fees
A probate attorney costs $100 to $500 per hour on average, or about $2,500 to $10,000+ total. Some probate lawyers charge a flat fee of $1,000 to $6,000, while others charge 1% to 5% of your estate’s gross value. You can avoid probate by using a living trust instead of a will.
| Fee type | Average cost |
|---|---|
| Hourly rate | $100 – $500 per hour |
| Flat rate | $1,000 – $6,000 |
| Percentage | 1% – 5% estate value |
| Average total | $2,500 – $10,000+ |
Probate is a court process that distributes a person’s property to creditors and beneficiaries after the person’s death. It can be a lengthy, complicated process.
A probate attorney assists in this process by advising the executor of the will and heirs, guiding them through the legal process, and helping resolve any disputes.
Hourly rate
Probate attorneys usually charge $100 to $500 per hour, depending on how experienced they are and how large your estate is. Most lawyers keep track of their time in 6-minute increments while they’re working, or 1/10 of the hourly rate.
Flat fee
Some probate lawyers charge a flat fee of $1,000 to $6,000, usually for simple estates with fewer assets, such as a single house and bank account. Lawyers handling complex estates with a business or large investment portfolios are more likely to charge an hourly or percentage-based rate.
Percentage
Probate attorneys may charge a 1% to 5% fee, which they base on your estate’s gross value, or the value of the home or assets no matter how much money is left on a mortgage. Most law firms have tiered percentage-based fees similar to the following:
5% of the first $50,000
4% of the next $100,000
3% of the next $500,000
2% of the next $5 million
1% of the next $10 million or more
Probate attorney cost factors
The following factors affect the cost to hire a probate lawyer:
Location: If you live in a highly populated or affluent area, you’re more likely to face higher rates when looking for a lawyer.
Experience level: Lawyers with a higher success rate or more experience tend to charge more than those with a less impressive track record.
Estate size: Probate usually takes the least amount of time if your estate is worth between $50,000 to $100,000. Complex or large estates take longer and cost more than average.
Delays: If there are any disputes or errors, or if you don’t have a valid will, the case will take longer and will probably cost more.
Taxes: If you have a high-value estate, you may owe some of the following taxes:
Estate tax: Your estate may owe 18% to 40% in federal taxes if it’s worth over $13.61 million for individuals or $27.22 million for couples. Some states charge estate taxes on top of this tax.
Inheritance tax: Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania charge state inheritance taxes. However, immediate relatives and spouses usually don’t have to pay.
Capital gains: Your beneficiaries may owe taxes if you leave them assets that generate income. For example, heirs should either sell an inherited house as soon as possible or use it as a primary residence to avoid capital gains taxes.
Other expenses
Ask your estate lawyer what they include in their rate. They may charge extra fees for services like:
Filing fees
Making copies
Paralegal help
Private investigators
Travel
How to avoid probate
You can avoid probate through wise estate planning, including the following methods:
Joint ownership: If you own property jointly with your spouse or beneficiary, the property will pass directly to them without going through probate.
TOD or POD: You can designate beneficiaries directly on life insurance, retirement, and bank accounts. This is called a pay-on-death (POD) or transfer-on-death (TOD) account, and it passes directly to heirs instead of through probate.
Living trust: If you create a living trust instead of a will, it will distribute your property without going through probate.
You can also give away cash or other assets before you die instead of waiting for a lawyer to act according to a will or trust.
Probate attorney fees vs. other fields
A probate attorney manages assets after a person’s death, while estate lawyers help manage property before and after death. Some attorneys focus solely on creating wills and trusts. Understanding these roles is crucial, as attorney fees vary significantly based on the services provided.
| Service type | Average cost |
|---|---|
| Cost to write a will | $300 – $1,000+ |
| Cost to set up a trust | $1,000 – $7,000 |
| Probate lawyer fees | $100 – $500 per hour |
| Estate lawyer fees | $200 – $400 per hour |
| Real estate attorney cost | $150 – $500 per hour |
Probate lawyer FAQs
What is a probate attorney?
A probate attorney is a lawyer who helps clients navigate probate court, which distributes someone’s assets when they die. The basic duties of a probate attorney involve:
Filing a petition and setting a hearing
Notifying heirs and beneficiaries as well as creditors
Listing all assets and debts of the estate
Paying off debts and distributing property
Closing the estate
Who pays probate attorney fees?
A probate lawyer’s payment comes directly from the estate’s assets. The executor or heirs do not pay them.
How long does probate take?
Probate can take 6 to 18 months on average, although this varies by state and by the estate’s complexity. A straightforward, unchallenged will can take as little as a few weeks, especially if all of the person’s vital documents are organized.
Why would you need a probate attorney?
Executors of small or simple estates may not need a lawyer at all. However, you should hire legal help if any of the following apply:
The estate is large or involves multiple assets like a home or business.
There are disputes between heirs or beneficiaries.
The estate will owe taxes.
You live in a state that requires an attorney for probate cases.
Getting estimates from probate lawyers
When searching for probate lawyers near you, follow these steps:
Compare reviews and rates from lawyers on Lawful and Google.
Make sure they've passed the bar exam, which means they can represent you in court.
Choose a lawyer who’s empathetic and makes you feel at ease.
Pick a firm nearby if possible.
Ask for a written estimate and contract.
Questions to ask probate lawyers
Ask these important questions if you’re looking for a reliable probate attorney:
How much experience do you have with probate court?
When did you pass the bar exam?
Do you charge for consultations?
Do you have time to take on my case?
Is this estate considered simple or complex?
How much will be left for beneficiaries after this?
How long do you estimate this estate will take to close?
Do you charge a flat fee, percentage, or hourly rate?
Will I need to pay a retainer fee?
Should there be any delays in my case?
Can I have an estimate and contract in writing?
Using our proprietary cost database, in-depth research, and collaboration with industry experts, we deliver accurate, up-to-date pricing and insights you can trust, every time.