Following the loss of a loved one, the last thing you want to think about is who will pay the probate attorney fees. But here’s the good news: Costs associated with probate are almost always paid from the estate, so the executor and heirs will owe nothing out of pocket. The team at Johnson, Murrell, & Associates can help you navigate the probate process in Tennessee.
Understanding Who Pays Probate Attorney Fees
Probate is often a months-long process that leaves many people wondering who is responsible for paying the probate attorney fees. Fortunately, lawyer fees and other probate costs are not out-of-pocket expenses for the friends and family of the deceased.
In most cases, probate costs are paid by the estate itself, even if the executor is the one handling the bills. Think of it like buying dinner on the company card. You perform the action of paying, but the payment itself is made by the company rather than out of your own pocket.
An estate is comprised of what a person leaves behind after they die, including:
- Assets
- Property
- Debts
It includes everything the deceased owned, from real estate and personal belongings to financial accounts and investments. These must be distributed according to their will or state law.
Not all probate lawyers follow the same pricing structure, with some charging by the hour and others charging a flat fee. This makes it important to ask questions before you hire an attorney. At Johnson, Murrell, & Associates, probate costs are always a flat fee so you know exactly what to expect from the process.
Should I Hire a Probate Attorney?
A deceased person’s assets are usually distributed among their heirs and designated beneficiaries. However, the decedent’s estate must first go through the probate process before this can occur. Many legal matters are overseen by the probate court such as paying off debts and distributing assets according to the decedent’s wishes or state law.
While it can be a straightforward process, probate costs and other requirements can be expensive, complex, and time-consuming. Hiring a probate lawyer can help with this process. They can act as a guide to the executor of an estate or personal representative that has been appointed by the court.
Hiring a probate attorney can be especially helpful for:
- Ensuring that the estate is administered correctly
- Meeting all of the legal requirements
- Protecting the interests of the beneficiaries
You can simplify the probate process by hiring an attorney who specializes in probate law. Not only does it make the legal process easier, but it also brings peace of mind as you navigate feelings of grief from losing a loved one.
How Do Probate Lawyers Determine Their Fees?
Knowing who pays probate lawyer fees and other costs can be a major relief for executors and personal representatives. However, you should still be aware that lawyer fees can vary widely depending on your individual case as well as the attorney that you choose.
Reasons for differences in cost can depend on:
- An attorney’s experience
- An attorney’s qualifications
- Which county the probate process takes place in
- Where your lawyer is based (lawyers in large cities may charge more, for example)
- Whether the decedent owned out-of-state property
- The complexity of the case, such as disagreements between heirs
The majority of probate lawyers establish their fees in one of two ways: they will either charge a flat fee or go by an hourly rate.
Looking at a straightforward case can give you a better idea of what to expect. For example, a probate lawyer may charge between $200 and $300 an hour for a simple, straightforward probate cause. Alternatively, they may charge a flat fee between $1,500 and $4,000 for their services.
A flat fee may actually be the better choice in situations like these. This is because the executor or personal representative won’t have to keep track of billable hours. Choosing a flat fee over an hourly rate also lowers your risk of ending up with a large bill.
With this in mind, it’s still important to discuss what services a lawyer will and won’t handle if you opt for a flat fee. Discussing payment arrangements and covered services gives you a much better idea of what to expect and the total cost of their services.
At Johnson, Murrell & Associates, we charge a flat fee and inform our clients of the cost up-front so they know what to expect. We will walk you through each step of the process. With over 40 years of experience, we are one of East Tennessee’s most respected law firms. We’re ready to help you in your time of need.
What Is the Threshold of Probate in Tennessee?
The threshold for probate depends on the size and composition of the estate in Tennessee. For estates valued at $50,000 or less, excluding real estate, a simplified probate process is available.
This streamlined procedure allows for quicker asset transfer without full probate. However, if the estate includes real estate or exceeds $50,000 in value, it generally must go through the standard probate process.
It’s important to note that not all assets are subject to probate. Assets that typically bypass probate include:
- Assets with named beneficiaries
- Jointly held property
- Assets in living trusts
The probate process primarily applies to assets solely owned by the deceased at the time of death. This includes real estate, personal property, and certain financial accounts.
What Are the Costs Associated with Probate?
The costs associated with probate in Tennessee can vary widely depending on the complexity and size of the estate. Typically, probate expenses include court filing fees, which range from $100 to $600. Attorney fees are a significant cost, with hourly rates varying from $200 to $400 and flat rates between $1,500 and $4,000.
Miscellaneous costs can include:
- Debts and taxes
- Storage fees
- Insurance
- Postage
Executor fees are also paid from the estate, as determined by the probate court. Additional expenses may include professional fees for appraisers, accountants, and other specialists. If you have questions about handling probate in Tennessee, give us a call. We’re happy to guide you through the specifics of the process.
Probate costs, including attorney fees, are typically paid by the deceased’s estate, not out-of-pocket by family members. The process can be complex and expensive, with costs varying based on factors like estate size and lawyer experience. In Tennessee, estates under $50,000 may qualify for simplified probate. Hiring a probate attorney can help navigate legal requirements and protect beneficiaries’ interests.
At Johnson, Murrell, & Associates, we understand that handling a loved one’s estate and bills after their passing is an emotional, stressful experience. Our job is to make your life easier, which means guiding you through the process so you understand what’s to come. To schedule a consultation, call us at 865-453-1091 or schedule an appointment.
