Probate Fees

Probate fees vary in each state but usually include an initial filing fee and fees for any services provided by court representatives. For example, the court may order an independent appraisal or "valuation" of an estate. There is usually a fee associated with almost every petition filed throughout the probate process. This might include the petition to determine heirs, to appoint a personal representative, or to make a claim against the estate. If the court appoints an administrator, this individual may be entitled to a fee for handling the matters related to probate.

An executor who is a friend or family member may perform these services for free. However, in some jurisdictions the executor may be required to post a bond in order to be approved by the court unless the will specifically waives this requirement. If the executor or administrator hires an attorney, this incurs additional costs. In many locations, an attorney is entitled to a percentage of the entire estate in exchange for his/her services. However, it is sometimes possible to privately negotiate a flat or hourly fee for small, uncomplicated estates. If the will is contested and the case drags on for several years, the fees racked up during probate may be higher than the entire value of the estate.

Fast Facts

  • Many people choose to minimize probate fees by passing on their assets through one or more trust accounts.
  • Occasionally, the probate court will waive petition filing fees for applicants who are too impoverished to pay.

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