Mr. Goodwin is everything you want in an attorney: professional, honest, thorough, and genuinely caring. He always explains things clearly, so I understood exactly what was happening and what to expect next. His attention to detail and persistence really stood out. Looking back, I feel lucky to have found him. He guided me through the whole process expertly, and I deeply appreciate all his hard work. Would definitely recommend him to anyone needing legal help.
Probate attorney fees, as a general rule, are paid by the estate. However, in terms of practicality, an executor or administrator initially pays for the probate attorney’s retainer fee in order to begin the process of probate.
The Probate Process
The probate process is usually initiated either by a petition for administration or petition for probate. If the deceased died without a will, the closest living relative will file a petition for administration. If the deceased died with a will, the nominated executor will file a petition for probate.
At this stage of the process, there is still no estate that has been formed. For this reason, the proposed administrator or executor will usually pay the probate attorney’s retainer fee first, which they can then reimburse from the estate once the estate is formed. The retainer fee (usually starting at about $5,000 and going up to $10,000+) is a deposit that the probate attorney will request from the client, and where the probate attorney’s fees for his work are charged.
Once the probate attorney obtains the letters of administration or letters testamentary for the estate, the administrator or executor can already begin gathering the assets of the estate and consolidating them in the estate bank account. This then allows the administrator or executor to pay the probate attorney’s fees from the estate assets.
Percentage Fee
Some attorneys can take a probate case on a percentage fee, typically about 5% of the estate.
The Contingency Fee
In rare cases, an attorney may offer a contingency fee in a will contest case (not a probate case) Under a contingency arrangement, the client does not pay the probate attorney’s fees, but in case the probate attorney is successful in obtaining a favorable judgment or settlement, the probate attorney will be entitled to a success fee, which is a percentage of the amount received (usually 1/3), on top of its attorney’s fees.
Court Approval for Attorney Fees
Disputes can arise regarding the amount of attorney’s fees charged in an accounting proceeding. When objections are made, the probate attorney may be required by the court to submit an explanation regarding his fees. The question of the reasonableness of the probate attorney’s fees are then submitted to the court for the court’s approval.
The probate attorney’s fees are generally paid for by the estate. However, due to practical reasons, the initial retainer fee is usually paid out-of-pocket by the proposed administrator or executor. The probate attorney can also charge a percentage of the estate. In rare instances of will contests, the probate attorney may offer to charge a contingency fee, typically when there’s a situation where there’s a will contest and there is risk involved. The rates of the probate attorney will depend on the expertise of the attorney and the fee arrangement between the attorney and the client.
Should you need a probate attorney, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
