Probate Procedures
The Process
As seen in this diagram, the Probate procedure seems simple, and for some part it is. However, the diagram shows what should happen in the best of circumstances for an estate in general. In each case, however, there may be many variations and exceptions to this diagram.
There are also variations according to the size of the estate (is it more or less than $10,000?) and who the devisees may be. The process is also different if there is a Will or if there is not a Will.
What are the fees for Probate?
There are several types of fees. The first type of fee is the required court costs and fees. Please click here to see those fees.
Another fee is the Personal Representative’s fee. As a general matter, subject to some “fine print” reductions, a Personal Representative is entitled to charge and collect up to a maximum of five percent of the estate.
If you decide to use an attorney there will be attorney fees. Our fees are set on a case-by-case basis, depending on the work to be done, whether anyone contests the Probate, and several other factors, including the size of the estate. As of September, 2010, our fees are a minimum of $2,000 per estate and there is NO MAXIMUM. I do try, if at all possible, to quote you a fixed fee before you actually retain our services.
Finally, although typically not required, there may be other professional fees, such as accountant fees, expert witnesses, valuation of business, and other similar fees.
Should I use an attorney?
The best advice I can give anyone is that you should at least consult with an attorney before doing anything. At Cutchin Law Firm, we provide an initial consultation at no expense. This consultation will allow you to determine if you want to use an attorney, if using an attorney will be economically feasible, and if you would like to use us.
Please click here for ways to contact us for an appointment.