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PROBATE FEES

For information about our fees for probate representation, click here.

The cost of conducting a probate proceeding can range from a few hundred dollars to thousands of dollars, depending upon the size of the estate, the location and type of assets involved in the estate, the complexity of the estate, and the nature of the probate proceeding (formal, informal, supervised or unsupervised). Generally, the more assets and the more complicated they are, or the more people involved in the process, the more it costs. It is usually impossible at beginning of any probate proceeding to tell exactly how much time or effort will be required to properly bring that proceeding to a close.

Fees in probate administration can be set in a number of ways.  Some Arizona lawyers charge a percentage of the size of the estate to handle a probate matter, while other lawyers either bill by the hour or charge a flat fee.  A probate that is handled by the hour may be much more expensive than a flat fee or percentage fee case.

Fees for probate proceedings in Arizona are not regulated (except that they must be "reasonable"), they are subject to negotiation, and they may vary depending upon the location or size of the law firm involved.  To request our Fee Agreement, click here.

In some states, like California, probate fees are set by statute.  For example California Probate Code Section 10810 states:

 (a) Subject to the provisions of this part, for ordinary services the attorney for the personal representative shall receive compensation based on the value of the estate accounted for by the personal representative, as follows: (1) Four percent on the first fifteen thousand dollars ($15,000). (2) Three percent on the next eighty-five thousand dollars ($85,000). (3) Two percent on the next nine hundred thousand dollars ($900,000). (4) One percent on the next nine million dollars ($9,000,000). (5) One-half of 1 percent on the next fifteen million dollars ($15,000,000). (6) For all above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court. (b) For the purposes of this section, the value of the estate accounted for by the personal representative is the total amount of the appraisal of property in the inventory, plus gains over the appraisal value on sales, plus receipts, less losses from the appraisal value on sales, without reference to encumbrances or other obligations on estate property.

The Florida statutes, at Section 733.6171(3), outline what is presumed to be reasonable compensation:

$1,500.00 for estates of less than $40,000.00;
$2,250.00 for estates of less than $70,000.00;
$3,000.00 for estates of less than $100,000.00;
Three (3) percent of the value of the estate from $100,000.00 to $1 million;
Two and one-half (2 1/2) percent of the estate value from $1 million to $3 million.

Pennsylvania does not set the fees by statute.  For an example of the guidelines used by some Pennsylvania courts to determine the reasonableness of fees, click here.

The above "reasonable fees" are for ordinary legal services only and do not include such things as will contests, contested claims, tax advice or ancillary administration.  Fees for a formal probate or a supervised proceeding will usually be significantly greater than the fees involved in an uncontested informal probate.

Fees for a formal probate or a supervised proceeding will usually be significantly greater than the fees involved in an uncontested informal probate.  Fees may be higher where there are will contests, contested claims, tax advice or ancillary administration.  To request our Fee Agreement, click here.

For probate assistance in Arizona, call us at 928/445-3230 or click here to contact us. 
 

 

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