How Much Does a Probate Attorney Cost? Can I Afford It?

Probate, the legal procedure of administering a deceased person’s estate, is often a necessary step in Arizona, especially if they owned property or had substantial assets. As the personal representative or beneficiary of a loved one’s estate, you might wonder, “How much does a probate attorney cost and can I afford it?” Below, Perez Law Group, PLLC answers that question by discussing what impacts the cost of a probate attorney and why hiring one might be beneficial, even if not legally required. We’ll also review how these costs are generally covered by the estate, easing financial concerns for beneficiaries.

Do I Need a Lawyer for It?

A court-supervised process known as probate ensures a person’s assets are distributed according to their wishes, as outlined in their will. While Arizona law does not require a lawyer for probate, hiring one is often recommended because the process can be complicated and emotionally taxing.

A probate lawyer can help with critical steps, including filing necessary documents, handling creditor claims, and ensuring the estate is distributed fairly. Additionally, Arizona’s laws have specific requirements and deadlines that a probate attorney can help you meet, saving time, potential legal missteps, and added stress.

Factors That Affect the Cost of a Probate Attorney in Glendale, Arizona

Complexity of the Estate

• Size of the Estate: The larger the estate, the more complex the probate process tends to be. For instance, estates with real property, multiple bank accounts, and various investments require more time to manage, increasing legal costs.
• Type of Assets: Some assets, like life insurance policies or retirement accounts, may not require probate if they have designated beneficiaries. However, other assets, such as real estate or certain investments, may need to go through probate, which could involve additional legal work and fees.
• Disputes Among Beneficiaries: Disagreements among beneficiaries can add complexity. If beneficiaries contest the will or have disputes over the distribution of assets, this can lengthen the probate process and increase the cost of legal services.

Attorney’s Fee Structure

• Hourly Fees: Many probate attorneys charge by the hour, with rates usually varying between $250 and $500 depending on the attorney’s experience and the complexity of the case. For instance, handling a simple estate may involve fewer hours, whereas managing a larger estate with complications may require significantly more time.
• Flat Fees: Some probate attorneys offer flat fees for specific tasks, such as preparing documents or attending court hearings. Flat fees, which typically range from $2,000 to $5,000 provide predictability, which can be helpful if you are managing a straightforward estate with minimal legal obstacles.
• Contingency Fees: In some situations, attorneys might work on a contingency basis, where they receive a percentage of the estate’s value. This fee structure is less common in probate cases but may be an option if the estate has a high value and limited liquidity.

Court and Filing Fees

Arizona probate cases also involve court fees and administrative costs, such as filing fees, that are separate from attorney fees. These expenses can vary based on the type and length of probate process involved. For example, a formal probate, which requires court supervision, may incur more in fees than an informal probate, which involves limited court oversight.

Type of Probate Proceeding

Arizona offers three types of probate proceedings: informal, formal, and supervised. An informal probate, which involves limited court involvement, is typically less costly. A formal probate, requiring court hearings, and a supervised probate, where the court is closely involved, often require more time and legal assistance, resulting in higher costs.

Can You Afford a Probate Attorney in Glendale, Arizona?

In most cases, the estate covers probate-related expenses, including attorney fees. This means that the probate attorney’s fees are typically paid out of the estate as an administrative cost, rather than directly from the beneficiaries’ pockets.

According to ARS §14-3722, the estate is responsible for covering reasonable expenses necessary for its administration, including legal fees. These costs are deducted from the estate’s total value before any distributions are made.

Why Hire a Probate Attorney?

While it is not mandatory to hire a probate lawyer in Arizona, many beneficiaries choose to do so for the following reasons:

• Time Savings: Probate attorneys handle complex paperwork and deadlines, which can save beneficiaries significant time and hassle.
• Minimized Errors: Errors in probate filings can lead to costly delays. A probate attorney understands Arizona’s legal requirements and helps avoid mistakes.
• Conflict Resolution: If disputes arise, having a lawyer can provide an objective perspective and work towards amicable resolutions, potentially avoiding litigation.
• Guidance Through Court Proceedings: In formal and supervised probate cases, court appearances may be necessary. An attorney can represent the estate and manage interactions with the court on your behalf.

When to Contact a Probate Lawyer in Arizona

Given that probate can be a challenging process, it’s wise to consider consulting a probate attorney as soon as possible after the passing of a loved one. An attorney can provide an initial consultation to review the estate and give an overview of what the probate process might entail, including potential costs and timeframes. They can also help assess the complexity of the estate and advise on which type of probate may be best suited for your situation.

Glendale Probate Attorney

Hiring a probate attorney can simplify probate proceedings, alleviate administrative burdens, and provide much-needed guidance during an emotional time. If you’re facing probate in Glendale, Arizona, consulting a probate lawyer can make life easier. The team at Perez Law Group, PLLC is here to assist with probate and estate administration, including trust administration. To schedule a consultation with our experienced probate lawyers, contact Perez Law Group, PLLC by calling (602) 730-7100 or contacting us online.