Legal Question in Wills and Trusts in New York

About what is the cost of a to do the probate process of a will ? Also include if the 3 daughters did not response to the sent letters. If they actually do not in the end will not fight it in the court. what is the most I will have out of pocket.


Asked on 1/16/11, 4:01 pm

3 Answers from Attorneys

Michael Haber Law Offices of Michael S. Haber

It's hard to say without knowing details about the estate, the kind of assets that are involved, and, most important, whether the proceeding will be contested or uncontested. If the estate is a modest one (in terms of the value of the assets), the proceeding is uncontested (meaning it is not challenged by anyone), the assets are readily capable of liquidation, and there are no complications, I would think that an attorney would probably not need to spend more than about 20 hours of time on the matter. However, any of the variables noted above (as well as a variety of other variables) can change the outlook as to cost.

Some attorneys (myself included) will often agree to wait for their fees until assets are brought into the estate.

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Answered on 1/21/11, 4:13 pm
David Slater David P. Slater, Esq.

Usually 3% of the gross estate plus court costs.

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Answered on 1/24/11, 4:48 am
Walter LeVine Walter D. LeVine, Esq.

Both answers appear to be correct, but this is difficult to answer, as no one knows exactly how much time will be involved and what obsticles need be overcome. Whule the percentage fee might be correct, many attorneys charge by the hour, not a percentage. A good estimate, without knowing all of the details may be several thousand dollars, plus costs.

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Answered on 1/24/11, 11:49 am


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