No, it is not permissible for anyone to be paid for work on the estate until there is a Court Order. We typically collect a retainer fee of $2,000 to cover expected court costs during the process, but Attorney fees cannot be paid until there is a final Court Order approving the amount.
No, the cost of the Probate is not deducted against any share or personally owed by the Executor. Attorney fees, court costs, etc. are all paid “off the top” from available estate funds before anything is divided into shares for the heirs. While the Executor will often come out of their own pocket to cover any retainer fee or needed bond, this is reimbursed directly from the Estate funds before distributions occur.
Yes, but it will depend upon the case. Court filing fees, publication costs, bond (if applicable), and appraisal fees are typical parts of most cases. These will vary from case to case, usually between $2,000 – 5,000 total in most cases. Our retainer goes towards covering these costs along the way.
No, the listed “statutory fees” that go off of percentage only apply to General Probate. If you qualify for a probate alternative like a Heggstad Petition, Spousal Property Petition, Primary Home Petition, or Small Estate Affidavit, those are all handled on a flat-fee basis that will be far below the above statutory fees.
This is pretty common – usually when a house is the primary probate asset and family intends to continue living in the property. If the house is to be sold as part of the process, the issue self resolves as cash will be made available from the sale. If the family wants to keep the house, ask about setting up a payment plan to cover expected fees. There’s typically a way to make this happen without issues, we just need to know how we can best serve your needs.
You didn’t ask for this role, but now it’s yours – and we’re here to make it as smooth and stress-free as possible.
With our firm on your side, you can manage your duties as an executor without courtroom appearances, without office visits, and without second-guessing the process.
Schedule your Free Probate Roadmap Call with our Attorneys today and take the first step toward getting through Probate.