Paying a Probate Lawyer: Costs & Types of Fees

Paying a Probate Lawyer: Costs & Types of Fees


Table of Contents

California Probate Fees

When a person dies in California, the California Probate Code dictates the amount of fees a probate lawyer can charge. California law states that a probate lawyer can charge up to 4% of the gross value of the estate. The gross value of the estate is the sum of all assets of the deceased’s estate, minus any debts and expenses. This means that if the estate is worth $500,000, the maximum fee a probate lawyer can charge is $20,000.

A probate lawyer could charge less than the maximum amount if they chose to. However, most probate lawyers in California charge the maximum rate or close to it so that they can maximize their profit.

Probate lawyers in California will also charge an hourly rate for any additional work outside of what is outlined in the California Probate Code. This includes researching case law, negotiating with creditors, or providing guidance to executors or other beneficiaries. The hourly rate for a probate lawyer in California can range from $200 to $400 per hour.

Pennsylvania Probate Fees

Probate fees in Pennsylvania are set by the state. The fees are based on a percentage of the gross value of the estate and are calculated using a sliding scale. The fee is set
at 4.5 percent of the first $200,000 of the estate and then decreases to 3.5 percent of the value between $200,000 and $1 million.

For estates that are valued over $1 million, the probate fee is 2.5 percent of the value over $1 million. This means that if an estate is worth $2 million, the probate lawyer would charge $45,000 for their fees, instead of the $80,000 that would be charged if the maximum fee was charged.

Ohio Probate Attorney Fees

Probate attorneys in Ohio are also subject to state guidelines when it comes to charging fees. The Ohio Revised Code sets the probate lawyer’s fees at 3 percent of the gross value of the estate. This is the same rate that is charged in California and Pennsylvania.

Probate lawyers in Ohio can also charge an hourly rate for additional services outside of what is outlined in the Ohio Revised Code. This includes researching case law, negotiating with creditors, or providing guidance to executors or other beneficiaries. The hourly rate for a probate lawyer in Ohio can range from $150 to $300 per hour.

Statutory Attorney Fees in CA Probate Code

The California Probate Code governs the amount of fees that a probate attorney can charge. The statutory fee for a probate lawyer is 4% of the gross value of the estate. This means that if the estate is worth $500,000, the maximum fee a probate lawyer can charge is $20,000.

The probate lawyer can also charge an additional fee for any additional services that are not outlined in the Probate Code. This includes researching case law, negotiating with creditors, or providing guidance to executors or other beneficiaries. The hourly rate for a probate lawyer in California can range from $200 to $400 per hour.

2 thoughts on “Paying a Probate Lawyer: Costs & Types of Fees”

  1. SkilledAdvocate

    Understanding all the costs and types of fees involved in hiring a probate lawyer can help ensure a fair and reasonable fee payment.

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