Is there a set fee structure for probate attorneys?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is there a set fee structure for probate attorneys?

We have a small estate (approximately $100,000 – $150,000) which must go through probate. The attorney that we have consulted with has said that his fee is %5 of the first $100,000 and 4% of the next $50,000. Are there regulations dictating this fee structure or is it up to each individual attorney to set the fee? Can they charge whatever they wish?

Asked on October 5, 2011 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am so sorry for your loss.  Many states regulate attorneys fees in various areas of the law.  The most common types of cases that have statutes regulating fees are personal injury cases.  Some states, such as California, also regulate fees for probate proceedings.  New york, however, does not have a statute that regulates the amount that an attorney can charge as a fee per se, although there are standards in the industry that may attorneys adhere to and exorbitant fees can always be challenged.  So really it becomes a point of negotiation between you and the attorney and gives you the opportunity to shop around, so to speak.  God luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption