The Cost of a Probate Lawyer

If you need to hire a probate lawyer, then one of the considerations that you must think about is how much hiring such a professional is going to cost you. The price of this kind of lawyer is not the same in every area of the country. Every state has its own set of guidelines and statutes connected with the transfer of property after a death has taken place. It is the various requirements set forth by each particular state that form the basis for what the lawyer will charge in order to probate the estate for the deceased individual.

The size of the estate plays a role in the overall cost that the probate lawyer charges, as does the location of the estate. The average cost of hiring an attorney for probate if the estate is standard in nature is approximately $1,500. This amount is not written in stone, however, and can vary depending upon the details involved in distributing all of the assets within the estate. Probate lawyers must consider investigative searches they must make during the course of their work, as well as court fees and appraisals. All of these items factor into the final cost that the client will be expected to pay.

Should you hire a sole practitioner for probate work, the cost may be calculated differently than if you hire a law firm to do your probate business for you. A probate lawyer working on his or her own will charge the client a flat rate if the probate is very simple and straightforward. On the other hand, a firm is likely to charge the client per billable hour. This is an important distinction to make when you are searching for someone to do probate work for you. Firms generally round up their billable hours to the nearest quarter hour. For instance if you spend 12 minutes on the telephone with your attorney then it is likely that you will be charged for 15 minutes.

The cost of a probate lawyer must also take into consideration whether the case is testate or intestate. A testate estate means that the person who has passed on left a will. This reduces the overall cost you will pay to the legal professional, because the will provides a guideline for the distribution of property. The lawyer and judge will know from the contents of the will whom is the representative and how assets from the estate are to be dispersed as per the descendant's wishes.

If there is no will then the estate is considered intestate and there are additional expenses associated with this because the attorney and the courts need to do more work in this instance. Such cases entail the expense of searching for people and determining who gets which share of the estate. This adds up to additional costs for the client.