How Much Does Probate Court Cost?

When it comes to estate planning, many attorneys will tell you to get into that estate planning attorney’s office, in order to avoid probate. There are a number of reasons why this is a good idea, not the least of which is the avoidance of the cost and expense of the probate process.

The Estate Pays

Many people ask what probate court, and administering an estate in probate court actually costs. This is important, because the more that probate costs you (or more specifically, your estate), the less that your relatives or other beneficiaries get—the probate costs come off the top before all other expenses are paid.

Court and Administrative Costs

Some costs are unavoidable in the probate process. They are simply costs which are charged by the probate court.

So, for example the initial filing fee for probate is about $300-$400, with an extra $100-$300 for the costs of publication, which is a notification to the public (and specifically, to creditors), that someone has passed away, and that there is an estate to be administered in the probate court.

There may be other miscellaneous fees, which may vary from case to case and which may not be applicable in every case, such as translation fees or postage or extra costs if assets are located in states other than Florida.

A lot of property that will be administered by the probate court doesn’t have a definitive value: it will have to be appraised. Appraisal costs can range from a few hundred, to a few thousand dollars, depending on the item and the complexity of the appraisal.

The mere expense of transferring some assets may also cost the state money—think of real estate, which has expenses related to the transfer of ownership, recording fees, and other costs.

What About Attorney’s Fees?

Attorney’s fees for probate court can vary widely depending on where you are, and the complexity of the probate case.

As a general rule, attorney’s fees are considered reasonable, at $1,500 for estates that are worth less than $40,000, to about 2.5% of estates that are valued between $1 and $3 million (all the way to a maximum of 1% of estates worth $10 million or more).

Of course, how much your estate is worth, which affects what your attorney’s fees are, will again require some of your property to be appraised.

Contested Matters

These fees are for the simple administration of the estate. They do not account for unexpected problems, or additional litigation in the probate court.

For example, your estate may want to challenge a creditor’s claim in probate court, or there may be some document (a business or divorce agreement) that conflicts with a will, and that conflict may need to be addressed. Disgruntled friends or family that want to challenge your will, may also result in increased attorney’s fees and costs.

Call the West Palm Beach probate lawyers at The Law Offices of Larry E. Bray today for help opening an estate and handling any probate court matter that you may have.

Sources:

smartasset.com/estate-planning/how-much-does-probate-cost-in-florida

trustandwill.com/learn/florida-probate-fees?srsltid=AfmBOopSEOi5n2wj7SWkVtUmluZTQ1xx_XF7YzEk_ICsajpkNBAHCHVW