How much is the court cost in a probate case?

Question

Long story short my husband’s grandparents died and in their wills they left him a house and a sum of money that is a decent amount but the lawyer who did the will is saying that he hopes we aren’t counting on that money because his and his mothers court cost is going to take most of the lump sum of money? 1 we would like to know why we are responsible for paying the mothers court cost also? And  2 how much can court cost on a probate case really cost?

Douglas Tull · Answer

You need to sit down with a probate attorney to learn what to do - in Michigan attorney fees are not statutorily set (as they are in states like Florida) - but attorneys can't charge a fee greater than a "reasonable" fee and it's reasonableness is based upon the difficulty of the subject matter, the attorneys skill and ability.  For example, a contingent fee is not normally permitted in Michigan probate court for estate administration. Need more facts to properly advise.

Edward Armstrong · Answer

Court costs in a probate estate are based on the value of the assets in the estate and are assessed on an annual basis.  These costs are not enormous.  The lawyer is probably referring to attorney fees and executor fees which are charged as follows:  5% on the first $5,000 4% on the next $20,000 3% on the next $75,000 2.75% on the next $300,000 2.5% on the next $60,000 2% on all amounts over $1,000,000  As an example:  Say the assets in the probate estate (this amount does not include jointly owned property, property received by a beneficiary because of a beneficiary designation, Transfer on Death assets, Pay on Death accounts, life insurance proceeds to a designated beneficiary other than the estate, assets in trust) is $100,000 - on a probate estate of $100,000, the attorney is entitled to about $3,300 and the executor is entitled to the same amount.

Gregory Jensen · Answer

Costs to probate a will depend on where the will is being probatedmuch more in California than in Nevada.  In Nevada, probate fees are set by statute to a certain percentage of the value of the estateaverages between 3 to 4% of gross value of estate, depending on size.  If there is litigation/law suits involve in the probate, then it gets very expensive. Check with another probate lawyer in the county where the case is being probated to find out the likely range of fees.

James Frederick · Answer

It all depends on the value of the assets. Typically, the largest expense in probate is the attorney fee. The "court costs" are fairly nominal. There is a $150 filing fee, a $12 charge for each certified Letter of Authority, a $81.25 charge for a Notice to Creditors, and an Inventory Fee which is based on a percentage of the value of the probate assets. The Inventory fee on an estate of $1,000,000 is only $1,200, so that is not likely to break the bank. The attorney fees may well do so, however. Many attorneys make a great deal of money doing probate work. A fee of $5,000 is fairly typical, for each estate.

Victor Waid · Answer

In the typical probate, the attorney fee and the administrator fee, is usually a percentage of the gross estate as to each person. Therefore, it is conceivable the two fees and probate costs could exhaust the cash in the estate.

Norman Green · Answer

Legal fees in a probate run 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9 million.  So if she left him a house worth $1 million and $100,000 in cash, the most the legal fees could be is $24,000.  Executor would get the same. Probate referee would charge $1,000, and Court filing fees, etc., will be about $1,000.  In this example, your husband would get $50,000 + a little interest + the house.  But if the mother is inheriting other assets from the grandmother, then her assets will pay a proportionate share of the fees and costs, and a higher proportion will be at the low 1% rate, which should mean that your husband would get a bit more.

Richard Keyes · Answer

In Missouri, there are statutory fees for court costs.  There are also minimum statutory fees for the services of the attorney and personal representative.  Request that any attorney's fees above the statutory minimum be approved by the probate court.  I also read that you are to get the house.  Is the attorney just saying the the money will be used up or are you also not getting the house.

Christine James · Answer

The estate is obligated to pay probate fees and costs relating to the probate of that estate.  Therefore the money that belongs to the grandparents is the source of funds to pay the probate.  Probate in California is based upon the value of the estate and is 4% of the first $100k, 3% of the next $100k and 2% of the next $800k.  Costs of administration take priority of most creditors.  All that said, if you are not comfortable with the attorney and did not feel like he explained this to you, find a new attorney.

Jayne Sebby · Answer

Your husband isn't paying for the costs of probating his grandparents' estates.  Before any assets of an estate can be distributed, the estate of the decedent, through the executor/personal representative, must pay off all of the remaining debts owed by the estate.  These include funeral expenses, taxes, creditors, medical expenses, and the costs of administrating the estate which includes the court filing fees, death certificates, legally required notices, communication to and from creditors and debtors, accountant and lawyer fees, maintaining any real and personal property until the estate is settled, bank fees, and a number of other possible expenses.  If the estate has sufficient funds to cover all of these expenses, the remainder of the estate will be distributed according to the terms of the will.  However, if the estate doesn't have sufficient funds, most states require that the executor withhold all assets and/or sell off as much of the property of the estate as is necessary to obtain those funds and pay those costs.  Whatever is left over, if anything, will be distributed according to the will.

Roman Aminov · Answer

Court costs depends on the size of the estate, but generally no more than $1300 in fees to the court. The filing of the petition should not be more than $2000 in preparation fees and if there is a will contest, the legal fees may accrue quickly. I would speak to another probate attorney and shop around a bit.

Susan Wideman · Answer

The cost is based on the value of the assets in the estate.

Gerald Bagazinski · Answer

What is the value of the estate? In Michigan, the cost of administratively opening and closing an estate can vary between $1,200 and $5000 plus court costs of $150, an inventory fee of 1/2 to 3/8 of 1%, $12 for each letter of authority, and a legal advertising fee of approximately $75.

Marcus Kroll · Answer

Probate fees depend on the size and complexity of the estate, and the experience and location of the attorney handling the estate.

Charles Perry · Answer

The maximum probate fee is set by statute, and is determined by the   gross value of the estate.  Without knowing more about your situation,   it is not possible to tell you what you should expect in the way of   fees, or why you might be responsible for the fees for the mother's   estate.  If you are uncomfortable with the fees your current lawyer is   charging, I suggest you contact another lawyer to see if he will quote   you a lower fee.  These things are negotiable, and I have had clients   negotiate fees with me in probate matters on several occasions.

Jeffrey Gottlieb · Answer

You didn't mention specific numbers and It varies based on a lot of factors.  Fees and costs could be $10-20k, I suppose more if the estate is contested or there's something very unusual.  In any case your husband is entitled to an accounting to know what was spent and to determine if it was reasonable. Who is the executor?

Bruce Steiner · Answer

$1,250 (or less if the estate is under $500,000), plus $6 for each court certificate evidencing that he's the executor.

Kathleen Delacy · Answer

If a chancery court case fees and attorneys fees can be high but I am not sure what type of case you are referring.

Dara J. Goldsmith · Answer

Court costs can vary by state and by size of estate.  I assume that the attorney is referring to attorney's fees, administration fees AND costs. It is also important to know which part of the Decedent's estate is responsible for the fees.  Usually the fees are paid from the remainder interest, if there are specific bequests.  It would be a good idea to speak with an attorney y in the State and County where the grandmother's Will is being administered.  You will want the attorney to review the Will and advise your husband on his rights and the status. Best of luck to you both.  Sincerely,  dara j goldsmith

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