Probate Cost

Typical costs:

• Probate involves a number of potential costs -- appraisal fees, executor's fees, court filing fees, surety bond fees, legal fees and accountancy fees. These expenses are paid out of the estate, then the remainder of the estate is distributed to the beneficiaries. Depending on the complexity of the circumstances, total probate costs are estimated to run 2-7 percent of the value of the estate, or $2,000-$7,000 for an estate (house, cars, stocks, bonds, bank accounts, etc.) worth $100,000.
• Probate laws vary considerably by state, so costs vary also. A Utah attorney estimates that the average cost of probating an uncontested will there is $2,000-$3,000. An attorney in the state of Washington pegs it at $2,500-$5,000. California law sets maximum amounts that can be paid to the executor and attorney in a standard probate process; for a $100,000 estate it's $4,000 each or $8,000 total; for a $500,000 estate it's $13,000 each or $26,000 total.
• The executor (sometimes called a personal representative) is the person named (usually in the will) to administer the estate. The executor is legally entitled to be paid for his or her services, but if this person is a family member and/or the sole beneficiary of the estate, he or she can choose to not charge any fees, which cuts the cost of probate.
• If the will is contested (someone files a legal claim saying the will's invalid and the estate should be distributed differently than as specified in the will), probate costs can skyrocket.

• Generally the steps in probate include; proving in court that a will is valid (usually a routine step); identifying and inventorying the property of the deceased; having the property appraised; paying debts and taxes; and distributing the remaining property as the will stipulates, or following state law if there's no will. In some cases probate can be completed in 30 days, but most often the process takes 4 months to a year or more, particularly if the will is contested. The probate process varies by state; FindLaw.com provides links to estate and probate laws by state.

• Attorneys working on an hourly basis charge for any time spent answering your questions on the phone or by e-mail, as well as case-related expenses such as interviews, research or photocopies. Charges are usually done in quarters or tenths of an hour; a six-minute phone conversation may be billed as 15 minutes.

• Although you can choose to hire the attorney who drafted the will to handle the probate process, it's not required. Ask about the attorney's experience and specific training in estate planning and probate law. At the first meeting, be prepared to provide as much information as possible. FindLaw.com offers a questionnaire^[1] to complete before meeting with a probate lawyer.
• Referrals to lawyers are available through the American College of Trust and Estate Counsel^[2] and the American Academy of Estate Planning Attorneys^[3] .
• Your attorney should provide you with a written fee agreement. Be sure you understand what is covered, and any other fees and expenses you might have to pay.

1.  estate.findlaw.com/probate/attorney-intake-questionnaire-initial-meeting-with-probate.html
2.  www.actec.org/public/roster/search.asp
3.  www.aaepa.com/attorney_listing.aspx

Check Out All Costs for Personal Finance		How Much Do Funeral Flowers Cost?		How Much Do Tax Returns Cost?		How Much Does Closing a Home Cost?

Today's Featured Cost Articles

It's October already. Do you know where your snow tires are? October is Breast Cancer Awareness Month. When was your last mammogram? It's a Sunday afternoon in the fall. Ready to tailgate? Pruning trees before the storm season can help ensure dead branches won't imperil your home. Rain and winter are coming. Make sure your roadside assistance plan is up to date

About CostHelper

CostHelper is based in Silicon Valley and provides consumers with unbiased price information about thousands of goods and services. Our writers are experienced journalists who adhere to our strict editorial ethics policy.

CostHelper Community

Locksmith Paid: 95.00 I left my keys inside... [more] -Pepi44 Locksmith Cost Commercial and residential power washing and window cleaning Paid: 350.00 This company is truly amazing, I've never felt so satisfied after seeing the transformation of my home. I had green grime and algae growing rampid in the front my home. Within a few hours my home along with my deck was spotless... [more] -Emanuel 1 Window Cleaning Cost ER visit. Paid: 9040.00 Thought I was having a heart attack, went to ER... [more] -Omie EKG Cost Tune up Paid: 384.00 Feel ripped off.Nearly $400 for a tune up. All that was done was a spark plug replacement and fuel induction service... [more] -Sam Wise Tune-up Cost dented our friendhip Paid: 300.00 I was asked to be MOH and other bridesmaid was out of town. She agreed to be financial co-host. Offered bride shower for 12-15 people. She said she would invite 40. My small house could barely accommodate... [more] -70s gal Bridal Shower Cost Pet sat 2 dogs small poodle and medium Maltese Paid: 140.00 Friday night to Monday AM, fed both dogs a total of 6 times, administered allergy eye drops to 1 of dogs, total of 6 times and spent the night with them 2 nights... [more] -Pet Content While You're Away Pet Sitting Cost