Schedule of Fees for Probate, Wills, and Trusts
During an initial consultation (usually at no charge), information is obtained about the client’s assets and market values, the family history, and the client's thoughts about the desired distribution of the estate. The information is evaluated and advice is given as to the options available to meet the specific situation of the client, and the fee to be charged.
When a Will is prepared for a client, various other recommended documents are included at no extra charge, if the client does not already have these documents. These include a Statutory Durable Power of Attorney, a Health Care Power of Attorney, HIPAA Release, an Advance Directive (Living Will) and a Designation of Guardian. All of the examples below include these documents.
The following examples are for non-taxable low to medium value estates, not involving special tax considerations. Complex estate planning matters may be referred to a board certified attorney for more specialized advice and assistance.
Although there can be variations of fees depending on the specifics of a given situation, following are typical flat fee examples:
Probate
Small Estate Administration - $1,500.00
Application to Determine Heirship - $2,750.00
Application to Probate as Muniment of Title - $2,100.00
Application to Probate Will for Independent Administration - $3,500.00 (cost can be higher if there are over 3 beneficiaries named in the Will)
Application for Independent Administration with heirship proceedings - $4,250.00
Application for Dependent Administration, with heirship proceedings - $5,000.00 - $7,000.00
All probate proceedings require additional out-of-pocket expenses needed for court filing fees, constable posting fees, e-filing costs, publication costs, and other miscellaneous costs of approximately $800.00 An Heirship proceeding requires the appointment of an ad-litem attorney to represent potential unknown heirs, at an additional minimum cost of $500.00.
The fees applicable to probate include initial consultation, preparation of the relevant Application to be filed with the court, a hearing on the application, preparation of the relevant Order and other documents required at the hearing, routine communications with client regarding the process, fulfillment of applicable notices to beneficiaries or Waivers, publication requirements, if any, preparation and filing of Inventory or Affidavit in Lieu of Inventory as may be applicable, and Certificates of Compliance that may be required.
Additional fees may be incurred on an hourly basis in the event any person contests the proceedings, or in the event there are special needs relating to the distribution of any assets to beneficiaries. Additional fees are not particularly common.
Wills
Individual Will - $500.00- $1,000.00
Individual Will with provisions for minor children - $1,500.00 - $2,150.00
Husband and Wife Wills - $2,00.00-$3,000.00 for both Husband and Wife
Husband and Wife Wills with provisions for minor children - $2,500.00-$3,250.00 for both
Trusts
Individual Revocable Living Trust with Pour-Over Will - $1,500.00
Husband & Wife Revocable Living Trust with Pour-Over Wills - $3,000.00-$4,000.00
Individual Irrevocable Trust - $1,750.00
Husband and Wife Irrevocable Trust - $3,000.00
The fees applicable to Wills and Trusts include initial consultation, preparation of drafts to be submitted to client for review, modest changes or corrections, and a final meeting for signing.
