ESTATE PLANNING PROBATE NEWSLETTER

Cost of Probate

Probate is not a free process, and the costs of disbursing a person's property after death through the probate courts can be considerable, depending on the state where the probate is required. The costs related to probate are usually paid from the assets of the estate. In most cases, people who are involved in the administration of the estate are not personally responsible for paying for the cost of probate. These people include:

• Beneficiaries
• Heirs
• Personal representatives

Associated costs of probate may include:

• Filing fees for petitions, orders, or contests
• Mailing certified letters
• Getting appraisals
• A probate referee's services
• Posting a notice of death in an appropriate publication
• Engaging an attorney

While not payable to the court, the other costs associated with probate include executor's fees and attorney's fees. In some cases, attorneys will advance probate costs to the decedent's personal representative or family in return for repayment once the estate is settled. Other attorneys may request a deposit that would be applied to probate costs with later reimbursement from the estate. In many states, court approval of any attorney's fees must be obtained before payment of any attorney's fees. 

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