10/15/2019
Probate Attorney and Executor Fees
The amount of attorneysâ fees and executor fees to be paid from the estate assets for standard probate administration services is set by statute. It is a calculation based on a sliding percentage of the estateâs total value. It begins at 4% for the first $100,000 of estate value. And then adds 3% of the next $100,000, 2% of the next $800,000 and 1% for values between $1 million and $5 million. For example, if you have a probate estate worth $1.2 million, then the probate statutory fee would be $4,000 for the first $100,000 of value, $3,000 for the next $100,000, $16,000 for the next $800,000, and $2,000 for the amount in excess of $1 million. That comes to a total fee of $25,000 ($4,000 + $3,000 + $16,000 + $2,000 = $25,000). Both the executor and the attorney for the executor would be entitled to $25,000 each for administration of this estate. These fees are paid from the estate assets, not from your own money. So you as the client should never pay these fees yourself. They are paid from the estate before distribution of the assets. And they require a court order before payment can be made to the attorney or executor.
