how much does a lawyer for filing administrator of estate

by Lorna Cole PhD 7 min read

Total Fees Charged by Estate Administration Lawyers
Total fees were between $2,500 and $5,000 for 20% of readers, while slightly more (23%) reported fees between $5,000 and $10,000. It shouldn't be a surprise to learn that large estates tended to pay more for legal services.
Jul 29, 2019

Full Answer

How much does an estate administration lawyer charge?

Six in ten readers said their estate administration lawyers charged between $200 and $400 per hour. Many attorneys charge by the hour for probate or other estate administration work (typically in smaller increments like one-tenth of an hour, or six minutes).

Do I need a lawyer to administer an estate?

If you’re serving as an executor, personal representative, trustee, or administrator of an estate, you might need a lawyer’s help with some part of the process. The good news is that estate funds will almost always pay for that help.

How much does a probate lawyer cost?

These survey results are in line with the hourly rates reported by probate attorneys themselves. Nationally, the average minimum hourly rate attorneys reported was $250, while the average maximum was $310. Individual lawyers often charge different rates, depending on the client and the type of service they’re providing.

What are attorney fees when closing a deceased estate?

Attorney fees are only one part of the costs of closing a deceased person's estate. Settling an estate can entail paying off debts and appraising property and may also involve court filing fees, accounting fees and fees paid to the executor. Additionally, hidden costs can lurk in the closing of the estate.

What Factors Cause The Costs of An Estate to Vary?

The primary factors that cause the cost of an estate to vary include: 1. Size of the Estate and Types of Assets – When there are more assets or par...

What Goes Into Determining A Lawyer's Fees?

A number of factors affect how much an attorney will charge. The biggest factors tend to be the experience of the attorney, where the attorney is l...

Why Would An Estate Lawyer Charge An Hourly fee?

An estate lawyer will likely charge by the hour if the estate is large and complex, or the client will require several services, such as a trust, h...

Is One Fee Structure Better Than another?

The best billing structure is ultimately the one that works for the client. Wills, trusts, and estates lawyers understand this, and tend to bill ac...

How much does an estate lawyer charge per hour?

Many of the lawyers in our study reported a range of hourly fees, with minimum and maximum rates that averaged $250 and $310, respectively.

How long does an estate attorney consultation take?

Most trust and estate attorneys offer free consultations, typically for 30-60 minutes. If you think that you may need a lawyer’s help or advice with some part of your estate planning, you’re probably wondering how much it would cost. Or maybe you’re the executor, trustee, or administrator of a loved one’s estate, ...

What is flat fee for estate planning?

Attorneys often charge a fixed or “flat” fee to handle certain matters related to estate planning or administration. For instance, lawyers may quote you a single price to prepare a simple estate plan or will, to handle a typical probate proceeding, or to prepare a particular legal document. Attorneys also commonly offer a “bundle” flat fee to prepare several estate planning documents, including a will, estate plan, and health care directives.

Why do lawyers prefer flat fees?

Many clients prefer a flat fee because they know from the outset exactly how much they’ll pay —no surprise bills. But if you’re going this route, make sure that you understand exactly what services are and aren’t included in the flat fee, and that this is spelled out in your written fee agreement with the lawyer.

Can I negotiate an hourly fee for an estate?

In most cases, you should at least try to negotiate an hourly or flat fee. Occasionally, attorneys may request an advance deposit for fees (often called a “retainer”) to handle ongoing estate administration work, such as managing trust assets for a child with special needs.

How much does an attorney cost?

Thus, an attorney can cost anywhere from $200 to $2,000 dollars , depending on the circumstances. This also may vary depending on whether or not the cost includes the necessary filing fee, which is provided by the local court.

What can an estate planning attorney do?

In addition, estate planning attorneys can offer valuable insight regarding a person’s plan’s because they know how to design these documents down to the slightest detail. They are even trained to think about issues that you yourself may not have thought about, such as: 1 Whether or not you want to donate your organs after passing; 2 Which persons will be responsible for caring for your minor children; 3 How you want to dispose of your digital property (e.g., social media accounts); 4 What individuals will be in charge of your business interests (if any); and 5 How you wish to receive medical treatment for certain ailments or procedures.

What are the benefits of probate?

Some of these benefits include: Ensuring that property and/or assets will be distributed to the right persons (i.e., beneficiaries); Reducing the amount of taxes and other costs that the estate may have to pay out; Avoiding the possibility of making family members go through the probate process;

What is probate in a will?

On the other hand, probate is the legal process in which a court oversees all things related to a will, such as establishing the will’s validity, administer ing the estate, and appointing or approving guardianships of an estate. Probate deals strictly with wills and will contests.

Why is it important to work with an estate attorney?

Thus, it is very important for the appointed representative of a deceased person’s estate (i.e., the executor or administrator) to work closely with an estate planning attorney in order to simplify the process as much as possible.

How to keep estate planning costs low?

The best way for an individual to keep costs low is to determine what they want to accomplish beforehand and come prepared with a list of items they wish to discuss.

What are the factors that determine the cost of an attorney?

In general, the two main factors that cost usually depends on include: what type of plan is needed (e.g., what legal documents) and how the attorney bills (e.g., flat fee versus hourly fee). Other factors might include how much experience the attorney has, what state the plan is being formed in, how complicated or in-depth the plan is, ...

What is a named beneficiary account?

accounts with named beneficiaries. accounts held jointly with the person who died. real estate owned jointly with the person who died. life insurance policies payable to individual beneficiaries. real estate given to specific beneficiaries is also not a part of the estate.

Is interest received from property of the estate included in the administrator fees?

For example, interest received from property of the estate is included in when you calculate the administrator fees, but the property itself may not be included because the administrator is not involved in the property’s sale. This is sometimes counterintuitive because the administrator usually is involved in retitling the property from ...

Is a will a non-probate asset in NY?

Assets passing outside of the estate or left to specifically named beneficiaries in a will are not included in the NY administrator fees calculation. Assets that pass outside of the estate are not includable in calculating administrator fees in NY, also called “ non-probate assets ,” are not a part of the estate and the administrator, therefore, ...

Can an estate administrator take commissions?

On the other hand, the IRS and New York Department of Revenue give estate administrators an option to not take commissions and not pay income tax. This may make sense for an administrator who is the only beneficiary of an estate, or even for someone who is not the only beneficiary, in light of the income-tax savings.

Do you have to get a waiver from a beneficiary before collecting administrator fees?

Obtaining a written waiver and consent from beneficiaries of a NY estate is a must before collecting administrator Fees. It is standard practice to obtain beneficiaries’ consent not only on administrator commissions but also on all aspects of an estate before the estate is settled.

How long does an estate lawyer charge?

And the term “hourly” isn’t quite accurate. Most estate lawyers charge for their time in six-minute increments so the estate is billed for how many minutes they devote to working on it…day by day by day. The estate will pay for six minutes or one-tenth of their time if they take a phone call on the executor's behalf that lasts just three minutes.

How long does an executor have to call the executor?

The estate will pay for six minutes or one-tenth of their time if they take a phone call on the executor's behalf that lasts just three minutes. It will pay for 18 minutes if the attorney spends 15 minutes drafting a letter – and yes, they keep meticulous records of their time. But there’s a bright side here.

Is probate a complicated process?

Probate of an estate can be a complicated process, and an executor isn’t always up to the task of tackling it alone. It’s no reflection on their abilities, but rather the result of the numerous legal steps through which an estate must pass on its way to settlement. Lawyers who assist with the probate process charge for their work in one ...

Do probate lawyers pay out of the estate?

Probate lawyer fees are always paid out of the estate. Of course, the estate’s beneficiaries might feel a bit of a pinch because this depletes the value of the estate, leaving less available to transfer to the ownership of others.

Should executors take a deep breath?

Executors should take a deep breath if they’ve been asked to administer an estate and they're panicking a little over how much it will cost them. Executors are not responsible for personally paying any professionals from whom they seek assistance during the probate process, including an attorney.

Can executors request different fees?

There are some pros and cons to each option, and an executor can usually request one arrangement over the others. It never hurts to ask for a different fee arrangement other than what the attorney normally charges, but fees can be governed by state rules and laws.

Can an executor of a death certificate be presented to a bank?

Unless it’s a very small and simple estate and state law provides for summary or simplified administration, an executor can’t simply present the death certificate to a bank or other institution and expect them to automatically transfer ownership of assets or hand over cash.

What does an executor charge for?

Executors can charge a fee to be reimbursed for most expenses they incur. This can include the cost for any travel needed, to pay for tax prep, to buy any supplies, or for anything else required to settle an estate. Executors can also be reimbursed a fair fee for the job they do as a representative of an estate.

How long does probate take?

Probate can take anywhere from a few months to several years to fully complete. For most estates of average size, the process will range from six months to two years. If an estate is especially large, if any heirs contest anything, or if beneficiaries cannot be found, things will take longer.

What are the drawbacks of probate?

Perhaps one of the biggest drawbacks to probate is the cost . And the more it costs, the less inheritance your beneficiaries will receive. Total cost can widely vary, depending on a number of factors including: But there are some things you can count on being fairly consistent in the probate process.

Do you have to pay probate fees out of your estate?

And in some states, you’re actually required to do so by law (although most states do not mandate this). A probate lawyer's fees (and most other costs of probate) are paid out of the estate, so your family will not need to worry about who pays probate fees, and they won’t have to cough up any money out of pocket.

Do all estates need to go through probate?

Depending on how you set it up, your estate may need to go through probate so the courts can begin the process. It’s important to understand that not all estates need to go through probate. And, there are smart, strategic ways you can make probate easier or even eliminate it all together.

Do probate attorneys charge hourly?

At the end of the day, that’s money that could be going to your beneficiaries. Probate lawyer fees can vary - lawyers can charge hourly or a flat rate.

What expenses does the executor of an estate have to pay out of her own pocket?

The executor is entitled to be reimbursed for any estate administrative expenses she might pay out of her own pocket. These might include expenses that had to be paid before the estate could be opened for probate, such as doctor and funeral bills.

What is a personal representative?

The personal representative is the individual who is charged with guiding an estate through the probate process, and it can sometimes be a complicated and time-consuming job. How much they receive and when they'll be paid can depend on several factors.

Can executor fees be paid without a judge's order?

In other states, the executor's fee can only be paid after a court hearing and with a judge's approval. 4  The requirement for a hearing might be waived, however, if all the beneficiaries are informed of the fees to be paid and they sign consents to authorize payment without a judge's order. 17 .

How many hours does an estate attorney spend?

If he quotes you a $5,000 flat fee and he bills his time at $200 an hour, he expects that he and his firm will spend about 20 to 25 hours on your case. The general rule is that the higher an attorney's hourly rate, the more experience he has.

Do estate planning attorneys charge a fee?

Most estate planning attorneys don't charge a fee for the initial meeting, but this is by no means a universal rule. Don't be surprised if the attorney does charge a small fee for sitting down with you for the first time. It can go either way.