How much a probate lawyer costs to hire can vary widely from case to case. Because every probate matter is unique, the best way to determine how much you will need to pay in legal fees is to consult directly with a probate firm. After learning the specifics of your case, the firm can outline necessary legal steps and provide an estimate of the costs that may be involved in achieving your desired outcome.
While probate lawyer costs can sometimes be substantial, their expertise can often save you time, stress and even money in the long run. A skilled probate lawyer can help prevent costly mistakes, streamline the legal process and, most importantly, obtain a positive result — rendering their services not just an expense, but a valuable investment.
This article will delve into the average cost of a probate lawyer for disputed probate matters. Keep in mind these costs are different from California probate fees, which are administration expenses associated with the probate process and generally are paid from the estate. They typically include compensation for both ordinary and extraordinary services performed by the personal representative and their legal counsel. Probate fees are not determined by attorneys but by statute — namely, California Probate Code section 10800.
Average Cost of a Probate Lawyer Explained
Since no two probate matters are identical, it’s difficult to pinpoint an exact average cost for a probate attorney. However, based on our experience handling a range of cases, we can provide a general idea of what you can expect.
For straightforward probate matters that settle quickly, legal fees typically fall between $10,000 and $50,000. However, when a case is more complex or involves litigation, probate lawyer fees can rise significantly, sometimes totaling several hundred thousand dollars.
Rather than focusing on average costs, it’s more useful to understand how probate attorneys structure their fees and what factors might influence them. By doing so, you’ll gain a clearer picture of what you might pay and why, helping you plan accordingly.
What Are Common Probate Lawyer Fee Structures?
Ultimately, a probate lawyer strives to offer a fee structure that is fair, reflects the complexities of your case, and enables them to provide you with the highest level of representation while compensating your lawyer for their expertise and the amount of risk the law firm assumes.
Open communication about your legal goals and financial constraints is key — by discussing these factors candidly, your attorney can potentially tailor a fee arrangement that aligns with your needs. This transparency ensures you receive a clear breakdown of potential costs, empowering you to move forward with your case with clarity and confidence.
Retainer + Hourly Rate
The most common fee structure used by probate attorneys involves an upfront payment, known as a retainer or deposit, followed by hourly billing. This approach offers clarity and predictability, ensuring that attorneys are compensated for the actual time and effort spent on a case. If this is the fee structure offered to you, expect to receive monthly invoices, with payment due upon receipt.
For complex, contested or unpredictable probate matters, an hourly fee structure may be the only option available. While costs can accumulate, this model allows your attorney to dedicate as much time as is necessary to your case without financial constraints limiting their efforts. Though the idea of mounting legal fees can be daunting, your attorney will typically provide an initial estimate to help you anticipate costs and will continue to provide you with cost updates throughout the case.
Keep in mind that estimates can change since legal proceedings may take unpredictable turns. For instance, if your attorney initially estimates costs based on a resolution through mediation, but the case ultimately requires a trial, your probate lawyer fees could increase substantially. Being prepared for these potential shifts in strategy is crucial so you can manage your expectations and budget accordingly.
When your budget allows for you to pay your attorney on an hourly basis, it almost always is the most advantageous fee structure, as it enables you to keep the entire amount of your recovery if you win.
Contingency Fee Basis
A contingency fee arrangement means the lawyer agrees to handle the case with no upfront costs, collecting fees only if they secure a recovery for the client.
Contingency fee arrangements are typically reserved for cases with strong, clear-cut claims — where the likelihood of success is high from the outset. However, determining the strength of a case early on can be challenging, as clients may not yet have sufficient evidence to substantiate their claims.
It’s also important to note that most law firms will only take a case on contingency if they believe the potential recovery justifies the risk. Because of this, firms are highly selective when considering such arrangements.
While contingency fees can be a lifeline for clients who cannot afford to pay legal fees upfront, they may not be the best choice for those with smaller financial stakes in their case, as the percentage owed to the lawyer can be substantial.
Flat Rate
In straightforward cases that follow a clear legal process and require a predictable amount of work, a probate lawyer may offer a flat fee arrangement. However, because probate matters are often complex and unpredictable, this type of fee structure is less commonly available.
For example, if you need to establish a conservatorship for an incapacitated adult with dementia and no one contests it, your case may be relatively simple. In such an instance, a probate attorney can estimate how much time and effort they will need to invest on the case — such as on preparing the conservatorship petition and attending court proceedings — making a flat fee a practical option for both the client and their attorney.
Flat fee arrangements provide cost certainty for the client, while ensuring the attorney is fairly compensated for their work.
Hybrid Arrangement
If upfront costs are a concern, your probate lawyer may be open to negotiating a hybrid payment structure that balances the risk between both parties. For instance, you might pay half the retainer and half the hourly fees in exchange for the attorney taking a 20% contingency fee upon winning the case.
Being upfront about your financial situation allows your lawyer to explore flexible arrangements that work for you while ensuring they can still provide high-quality representation.
What Factors May Contribute to the Cost of a Probate Lawyer?
As discussed, estimating probate lawyer costs can be challenging due to the uniqueness of each case. However, understanding the factors that influence these costs can give you a clearer idea of the potential fees involved.
Billable Hours
The time your probate lawyer spends on your case can significantly impact the overall cost — especially if you’re on an hourly or hybrid payment structure.
Since probate cases can be unpredictable, your lawyer may not be able to provide an exact estimate of the hours required. However, they can offer a rough projection based on their experience with similar cases.
The Complexity of the Legal Matter
Closely tied to billable hours is the complexity of your case. The more intricate your probate matter — whether due to multiple parties, disputes or legal challenges — the more time and effort your attorney will need to invest, leading to higher costs.
While case complexity primarily affects clients on an hourly or hybrid payment structure, these may be the only arrangements available for more complex cases, since such cases tend to be unpredictable.
The Value of the Assets at Stake
In general, the higher the value of your probate matter, the more you can expect to pay, regardless of the pricing structure.
For instance, if your probate lawyer offers a flat fee arrangement, the fee will likely reflect the financial stakes involved. Similarly, in a contingency fee arrangement, a larger payout could mean paying more in legal fees if you win.
With hourly or hybrid arrangements, cases involving significant assets often require more time and effort due to their complexity, leading to higher overall costs.
Because of this, the value of an estate can be a strong indicator of how much you may ultimately pay for legal representation.
Whether Litigation Is Required
If a case settles early, probate lawyer fees are often significantly lower than if litigation is required.
Litigation is a complex, multi-stage process that demands extensive time and effort from your attorney. In many ways, they will be fully immersed in your case, navigating court filings, motions, hearings and potential trials.
As a result, when litigation becomes necessary, it can dramatically increase the overall cost of legal representation.
The cost of litigation may be influenced by the following:
- The client’s litigation strategy: The client must decide how aggressively they wish to litigate and how much discovery they wish to engage in.
- The opposing party’s budget and litigation strategy: If the opposing party is litigating aggressively or is unrestricted by budget, it may result in the client incurring higher probate lawyer fees.
- The opposing party’s attorney: When the opposing party is represented by a probate attorney — as opposed to, say, a civil litigation attorney with no specific specialty — it can lead to streamlined case management and lower probate lawyer fees for both parties.
Who Pays Probate Lawyer Fees?
Although fiduciaries — such as executors, trustees, conservators and agents with power of attorney — can generally use the funds they manage to pay probate lawyer fees, beneficiaries should assume they’ll be responsible for paying their own probate lawyer fees, even if another party is at fault. While it may be possible to recover these costs through a negotiated settlement or a court ruling in your favor, this is never guaranteed.
For this reason, if you’re considering hiring a probate lawyer, it’s best to plan for the likelihood that you will need to pay their fees from your own pocket.
Takeaway: Is Hiring a Probate Lawyer Worth It?
We can’t determine whether hiring a probate lawyer is the right decision for you, as even a successful outcome may not justify the financial and emotional costs involved. For example, suing a family member who is serving as an executor could lead to lasting strain on your relationships — something only you can decide if you’re comfortable with.
It’s also essential to consider the financial stakes. If the amount in dispute is $100,000 or less, the cost of litigation could outweigh the potential recovery, especially if the case goes to trial.
If you’re unsure about moving forward, your probate attorney can help you assess the potential costs and benefits to determine whether pursuing legal action makes financial sense for you.
Still have questions about how much a probate attorney costs?
Instead of worrying about the cost of hiring an experienced probate attorney, why not get the answers directly from the source? We take a personalized approach, working with each client to understand their legal needs, budget and goals. Rather than applying a one-size-fits-all payment structure to your legal matter, we tailor our fees to ensure you receive top-tier representation that aligns with your financial situation.
Contact us today to discuss your options and find a payment plan that works for you
