If you’re serving as an executor, personal representative, trustee, or administrator of an estate, you might need a probate lawyer’s help with some part of the process. The good news is that estate funds will almost always pay for the cost of that help. Still, you don’t want to squander the estate’s money—and you probably want to know what to expect in the way of attorneys’ fees.
In 2018, we surveyed readers around the United States who had recently acted as executors, personal representatives, trustees, or administrators to ask about their fee arrangements with attorneys. Separately, we’ve studied attorney billing practices and publicly available information about attorney rates.
Here’s what we’ve found out about legal expenses for probate and settling estates.
Typical Payments to Probate Lawyers
In our survey, the majority of readers paid less than $5,000 to their lawyers for estate administration fees. Here’s the breakdown:
- About a third of readers (34%) said that their lawyers received less than $2,500 in total for helping with estate administration.
- Total fees were between $2,500 and $5,000 for 20% of readers.
- A significant group of readers (23%) reported fees between $5,000 and $10,000.
- Another 23% paid fees above $10,000.
Keep in mind that a number of circumstances can increase the cost of probate attorneys’ fees, including when:
- there are disputes among heirs
- there wasn’t a valid will, and
- the estate is large or complex.
Higher Total Attorneys’ Fees for Larger Estates
Our survey showed that large estates tended to pay the most for legal services. More than a third (36%) of readers who were settling estates worth $1 million or more said that the estate paid $10,000 or more in legal fees, compared to 18% of those who were handling estates worth less than that.
These higher bills aren’t surprising because big estates are likely to have complex taxes and assets that require more of an attorney’s time and expertise. (Also, as covered below, attorneys sometimes charge a percentage of the estate’s value.)
How Lawyers Charge for Probate and Other Estate Administration Work
In our survey, the total fees that estates paid for legal services were based on one of three types of fee arrangements charged by attorneys for probate and other estate administration work: hourly fees, flat fees, and fees based on a percentage of the estate's value.
Hourly Rates
Many attorneys charge by the hour for probate or other estate administration work (typically in smaller increments like one-tenth of an hour, or six minutes). In our survey, 6 in 10 readers said the estate paid attorneys an hourly rate.
Individual lawyers often charge different rates, depending on the client and the type of service they’re providing. Also, rates vary among attorneys depending on several factors, including:
- The attorney’s experience. Probate lawyers with more years in practice tend to have higher hourly rates than new attorneys. But it’s worth keeping in mind that a higher hourly rate doesn’t necessarily mean a higher total bill. Often, lawyers with significant experience can handle difficult estate matters more quickly than newer lawyers.
- Where the lawyer practices. Attorneys in large metropolitan areas and states with a relatively high cost of living—like New York and California—tend to charge higher rates than attorneys in other areas of the country.
In our 2018 survey, the most common rate (reported by 35% of readers) was between $300 and $400, although half of readers paid less than that. Only 15% paid $400 or more per hour.
These survey results are in line with our 2018 study of fees reported by probate attorneys themselves. Nationally, the average minimum hourly rate attorneys reported was $250, while the average maximum was $310.
According to a 2023 report from Clio, a legal technology company, average hourly rates vary considerably from state to state. In Clio’s report, average hourly rates for wills and estate attorneys were anywhere from a low of $201 in Indiana to a high of $448 in the District of Columbia. However, most states’ average hourly rates aren’t near these numbers and instead fall somewhere between them.
Considering the above studies and reports, probate attorneys can charge anywhere from $200 to $500 per hour. In less expensive areas of the country, you’re probably looking at a range of $200 to $350. Lawyers in expensive markets are more likely to charge $350 to $500 per hour. Lawyers who handle large estates can charge even more.
Fixed Legal Fees
About a third (32%) of the readers in our survey said that the attorneys they hired had charged a single fixed fee or a separate flat fee for each service they provided. This figure is in line with our study on fees reported by attorneys, 34% of whom said they charged fixed fees at least some of the time.
Particularly when it comes to routine probate, experienced attorneys are generally able to predict how long it will take them to handle your case. When they charge a flat fee, you don’t have to worry about the bill for each question you might want to ask. But before you agree to this fee arrangement, you should ask the attorney details about what the fee doesn’t include, such as the fees to file or record documents.
When Probate Attorneys Charge a Percentage of the Estate
In a few states (such as California and Florida), attorneys are allowed to charge a percentage of the estate’s value as the fee for handling probate. In our survey, only 8% of readers who paid a lawyer for help said the estate they were handling paid a percentage-based attorney’s fee.
Paying a percentage-based fee to probate lawyer can be very expensive for the estate, because the percentage is based on the gross value of the probate assets (for instance, the total value of a house, rather than the amount of equity that the estate owns in the property). Even in the states that allow percentage fees, the law doesn’t require this type of fee arrangement. So, if you want to preserve the estate’s assets, you might want to try to negotiate for an hourly or flat fee with any attorney you’re considering.
Free Consultation With Probate Lawyers
In our study of attorney-reported billing practices, more than half (58%) of the probate attorneys in our reported that they offered free consultations. The typical time for these initial meetings was 30 minutes, though the overall average was higher (38 minutes).
So, when you’re looking to find a good probate lawyer, ask the potential attorneys whether they offer a free initial consultation. Even if they charge for their time, it can be worth your while to meet with more than one lawyer—and to go to the meetings prepared with a list of questions—in order to find the right attorney for your needs.
