The costs associated with probate proceedings vary greatly depending on the complexities of each particular case. Legal fees associated with a simple probate will be comparatively modest in comparison to those in a contested probate matter.  Probate is simple where all of the parties are close relatives and are in agreement with the terms of the Will.  In addition to legal fees, the Surrogate’s Court charges probate filing fees based upon the value of the gross estate.

In New York, there is no set legal fee for a probate proceeding so it’s up to the client and the attorney to agree upon a fee. Most attorneys offer three basic types of fee arrangements – hourly, flat fee and percentage.  Under an hourly arrangement, the estate is billed only for the services performed by the law firm. The attorney’s experience, expertise, location and other factors determine hourly rates.

Flat fee arrangements are ordinarily reserved for straightforward matters in which the services required can be clearly delineated. If legal work is required that goes beyond what has been agreed upon, the additional services are normally charged at hourly rates.

Under a percentage fee agreement, the attorney’s fees are equal  to a percentage of the value of the estate.

My firm offers a variety of fee arrangements including flat fees.