Tag Archives: attorney’s fees

Estate Planning

What does a Utah Probate Cost?

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If you are handling the estate of a loved one, you are probably wondering how much a probate action will cost. No two cases are identical, so there is no easy answer to this question, but below is some general guidance:

Attorney’s fees

You will need to ask your probate attorney if they charge an hourly rate, a set fee, or a combination of both types of fees. The attorneys at the Astill Law Firm try to fully inform you upfront what our fees will be so you know what your budget will be. You should never retain a lawyer without understanding how you will be billed.

Paying an attorney out of the estate

In Utah, a lawyer is not permitted to charge a percentage fee based on the assets of the estate. However, the personal representative is allowed to use estate funds to pay the lawyer’s fees.

Additional expenses

Some of the other costs related to a probate action include a court filing fee which must be paid to the court clerk at the time the probate is filed. If disputes arise within the probate case, you may be required to pay mediation fees in order to reach a settlement. There are some costs related to publishing notice of the probate to creditors in local newspapers. If the decedent owned real property or other valuable assets, an appraisal may be needed. Finally, if disputes cannot be settled and lawsuits are filed, there may be additional expenses. It is important to ask your lawyer to explain any anticipated costs so you know what to expect.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

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How Much Does a Utah Probate Cost?

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piggy bank question mark 600pxOne of the most common questions we get from our clients is “how much?” The simple answer is “it depends.” Whether it is creating an estate plan or filing a probate case, no two matters are identical. Let us review your individual circumstances and help you get an idea of what your matter will cost. Regardless, having us by your side to ensure everything is handled correctly will save you and your loved ones a significant amount of money in the long run.

Attorney’s fees

Every law firm has its own method for billing clients. Most probate lawyers charge either an hourly rate or a set fee for their services. It is possible for an attorney to combine these two fee methods. You should never retain a probate attorney until you understand how you will be billed and what services will be provided.

You may be wondering if a Utah probate lawyer can be paid a percentage fee based upon the value of the estate. The answer is “no.” Percentage fees are not allowed for filing or administering a Utah probate. However, an attorney may agree to a percentage fee in certain probate-related lawsuits. For example, if a lawyer represents you in attempting to recover assets of the estate or a lawsuit claiming financial abuse during the probate, a percentage fee may be allowed.

Other probate costs

Depending on your probate action, below are a few additional costs that may be incurred:

  • Filing fees to initiation the probate action
  • Fees associated with providing notice to creditors of the probate action in a newspaper
  • Appraisal fees if certain assets of the estate must have their value determined
  • Accountant’s fees
  • Mediation costs if a dispute arises during the probate case
  • Additional filing fees if lawsuits are filed
  • Witness fees and expert witness fees if a related lawsuit is filed

If you are worried about the costs associated with creating an estate plan or filing a probate action, call us for help. Don’t let your fears about cost stop you from administering the estate promptly and properly. The only thing that happens with delay is that things get more complicated and more costly.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.