The estate is responsible for covering probate attorneys' fees. The executor or administrator does not pay anything upfront or owe it. Unless you're dealing with an Affidavit Procedure, you'll almost certainly want legal representation when establishing the validity of a will. Remember that the estate pays the probate attorney's fees that don't come out of the executor's pocket.
Of course, if you are the executor and the sole heir, then the fee, in essence, comes from the money that will soon belong to you. Otherwise, the cost is deducted from the estate before the assets are distributed to the people who inherit them. The worst way to pay a probate lawyer from an estate standpoint is to pay a percentage of the estate's value as fees. This is common only in a few states.
And even in those states, lawyers aren't required by law to charge a percentage fee. You can and should try to negotiate an hourly rate or a flat rate with the lawyer. But many lawyers prefer the legal fee because it is usually very high relative to the amount of work they have to do. Court costs, attorney's fees and filing fees.
The fee charged varies from lawyer to lawyer and there can be dramatic differences between urban areas such as Chicago and more rural areas. Because much of the typical probate case is just standard paperwork, most lawyers use paralegals to help them. If succession cannot be avoided by using the Small Inheritance Affidavit or other procedures to avoid succession, a formal probate court is required. When you're trying to figure out who pays probate attorney fees, the first step is to figure out how much it costs.
A lawyer with more experience (who can charge more) often takes less time to complete a task and is more likely to already have all the knowledge needed to handle the administration of estates of an estate. Probate attorney fees in Illinois will depend on several things with respect to the estate (what size, how many heirs, how many assets, etc. Contrary to the name, this option does involve probate courts, so it would be prudent to hire an estate attorney, which does include the related costs. Whether they had a will or did not, a probate lawyer can make things easier by advising executors of the estate on how to legally handle things.
While hiring a probate lawyer results in fees paid with the assets of the estate (and, therefore, less property to distribute to beneficiaries), there are definite advantages and you can also save time and costs. Since the estate covers the probate attorney's fees, the payment will not be due until the estate is finally settled. It's not uncommon for probate lawyers in Washington to negotiate a flat fee for things like filing papers. A flat fee is a fee set at the beginning of the case negotiated by the lawyer and client and stays the same no matter how much time and effort the lawyer spends on your case.
If an estate qualifies for the use of the Small Inheritance Affidavit, probate is not necessary and attorneys' fees, as well as costs, are greatly reduced. A knowledgeable probate attorney ensures that you fully comply with your fiduciary duties and that all legal requirements for the administration of probate and probate are met.
