Legal Question in Wills and Trusts in Minnesota
Cost of Probate
Just wondering if there is a usual and customary fee for probate in the State of Minnesota and if so what is it? If there isn't what does an attorney charge?
1 Answer from Attorneys
Re: Cost of Probate
Some time ago it was decided that charging a percentage of the estate was unethical, since it had no relationship to the work actually done.
Now attorneys, if they are ethical, are required to charge their usual hourly rate. Mine is $225, but you will find higher and lower than that.
For an unspervised informal probate, I usually ask for $2000 in advance. Sometimes that covers the whole thing, but usually my fee runs to a total of about $3000 before we finish. It just depends on what all is involved. Selling real estate is a bit labor intensive. If there is no real estate, that would be way cheaper.
If the estate exceeds $950,000 in total assets, there will be estate taxes that need doing. I don't do that but advise my clients to get to an accountant. If the lawyer is doing that, expect to see the fee run up.
A notice has to be published and there are filing fees, so you an expect costs in addition to the attorney fee of at least a few hundred dollars.