Generally, in Illinois, a percentage of the estate is not a charge that a court would approve for the handling of a probate estate because it may not reflect the value of the actual services provided. There are a number of different factors that a court will consider in determining what is a reasonable fee, and the size of the estate is not a relevant factor. Time spent, complexity of the matters addressed, issues that have been handled, the years of experience of the attorney and other factors are more relevant. You should ask how many years the attorney has been handling probate matters and how many probate matters the attorney has handled. You should find an attorney with experience who has a good reputation in the community.
This answer is not intended to create an attorney/client relationship or to be considered legal advice for your specific situation. The general principals stated may or may not apply in your situation to your specific facts.
Answered on Jan 13th, 2013 at 10:38 PM