Can a probate lawyer charge a percentage of the estate?

Some states, such as California, regulate probate attorney’s fees through statute, forbidding probate lawyers from charging more than a certain percentage of the value of the gross estate.

Is there any way to avoid probate fees?

Yes, through smart estate planning, an estate can avoid probate, and, accordingly, probate fees. Common estate planning methods for avoiding probate include the following: Joint ownership of property, because property passes directly to other owner without having to go through probate;

Do you need a lawyer to go through probate?

Either way, the person in charge can hire a lawyer to help with the court proceeding, and pay the lawyer’s fee from money in the estate. Typically, many of the assets in an estate don’t need to go through probate.

Where does the money come from for probate fees?

Probate lawyer fees, also called estate lawyer fees, are monies paid directly to the attorney for legal services; these are not the same as “probate costs” in general, which can also include the following: A probate lawyer’s fees are paid for by the estate, not by the executor or administrator.

Some states, such as California, regulate probate attorney’s fees through statute, forbidding probate lawyers from charging more than a certain percentage of the value of the gross estate.

When to hire a lawyer for a probate estate?

Whether you are the Executor or an heir of the probate estate, knowing the lawyer’s role is one of the first steps you should take at the beginning of the probate process. One of the biggest sources of conflict in probating the estate is understanding the role of the lawyer hired by the Executor of a probate estate.