In many states and in most probate matters, the amount an attorney can charge for his or her services is specified by law as a percentage of the gross value of the estate.
The law of jurisdiction and, in some situations, the judgment of the judge presiding over a case play a role in awarding attorney’s fees. The level of court in which the matter is tried does not always affect the award. Statutory fees may be awarded by a state court in cases involving federal laws or statutes, for example. Fee-shifting refers to the practice of requiring the losing party in a legal action to pay for the legal bills of the winning party.
when are statutory fees paid in probate?
Statutory fees, also known as probate fees or probate costs, are fees that are assessed by the court for the administration of a probate estate. These fees are typically paid out of the assets of the estate, and are generally due when the estate is being settled.
The specific timing for when statutory fees are paid in probate can vary depending on the state where the probate is being conducted, as well as the size and complexity of the estate. In some states, statutory fees may be due at the beginning of the probate process, while in other states they may be due at the end. In general, however, statutory fees are typically paid as the probate process is ongoing, as the fees are incurred.
Statutory fees are separate from attorney’s fees
It’s important to note that statutory fees are separate from attorney’s fees, which are fees that are charged by the attorney who is representing the estate in the probate process. Attorney’s fees are also typically paid out of the assets of the estate, and are generally due at the end of the probate process.
If you are the personal representative of an estate and you have questions about when statutory fees are due, it’s a good idea to consult with an attorney who is familiar with the probate laws of the state where the estate is being administered.« Back to Glossary Index