Shawn Breyer
Wondering who pays probate attorney fees in Georgia?
Is it the executor, the beneficiaries, or the estate?
Can you pay the probate attorney fees out of the estate?
How will you get charged?
We cover all this in this article.
Keep reading to learn more.
Probate can be confusing and stressful. Incorrectly filled-out probate petitions can cause delays, rejections, and added stress. We will fill out your petition for you (for FREE).
Fill out the form to have us fill out your petition for you (at no charge). We can only offer 5 free petitions per week, so act fast to secure your spot and avoid the hassle of probate.
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The estate pays the probate attorney fees in Georgia.
Let’s talk about the logistics of paying and everyone’s responsibility.
In Georgia, the money to pay the probate lawyer comes from the estate.
The estate is all the money and property the person who died owned.
The executor pays lawyer fees from the estate’s money before giving anything to the heirs.
The executor is the person who takes care of the estate.
They hire a probate lawyer.
Even though the executor arranges the payment, they don’t use their own money.
Instead, they use the estate’s money to pay the lawyer.
The beneficiaries are the people who inherit from the estate.
They don’t have to pay the lawyer directly.
But the lawyer’s fees come out of the estate.
So, there will be less money left for the beneficiaries to inherit.
They need to understand that these fees can affect how much they get.
Here are the most common probate lawyer fee structures.
Many probate attorneys charge by the hour.
This means the total cost can quickly add up.
It depends on how many hours the attorney spends working on the estate.
Attorneys usually give an estimate of how many hours they will need.
But, the actual time can often be much more.
(Especially if the estate is complicated.)
This can make it hard to know exactly how much you will end up paying.
We only do hourly if you need a small amount of help (i.e., filling out paperwork).
This allows you to get help without having to fork out thousands in fees.
Some attorneys charge a flat fee for probate cases.
This means you pay one set amount.
It doesn’t matter how much time the attorney spends on the case.
This can make it easier to plan and budget since you know the exact cost upfront.
Flat fees provide predictability for you.
And they reduce the stress of wondering how much probate will cost.
Attorneys might charge a percentage of the estate’s value as their fee.
While this is less common, it can be a great option for larger estates.
This fee structure can align the attorney’s interests with those of the estate.
This leads to more efficient and effective management.
Most people waste their probate lawyer’s time.
And this is why probate gets so expensive.
Common mistakes people make are:
Here are some ways to minimize the cost of probate.
Communicating clearly with the probate attorney can help keep costs down.
This will eliminate most of the bloat related to communication.
The executor should be keeping very thorough and organized records.
Records are for things like:
The executor can lower fees by keeping good records of everything.
This way, the attorney doesn’t have to waste time trying to figure things out.
This makes the probate process faster and easier, saving the attorney time.
Disputes among siblings are common during probate.
If they are open to it, you should do mediation if you have disputes.
Otherwise, your probate lawyer needs to handle the dispute for you.
The probate lawyer represents the estate, not the executor.
So, they will do what’s in the best interest of the estate.
They will handle the dispute for you.
But it will significantly increase the cost of probate.
And your siblings will likely hire their own attorney for litigation.
You might wonder if it’s worth hiring a probate lawyer.
In a lot of instances, it’s not.
(We will tell you if it is or not when we’re on the phone.)
Let’s talk about when it’s worth hiring one.
Probate is overwhelming.
The courts won’t help.
The paperwork is confusing.
You don’t have time to figure it all out.
And, if you do, are you doing it correctly?
Will you be personally liable if things go wrong?
Hire a probate attorney who knows all the legal rules and steps.
They help make sure everything is done the right way according to Georgia laws.
A probate attorney can take care of the hard legal work for the executor.
Things like filling out forms and going to court.
This lets the executor focus on other important tasks (i.e., organizing everything).
A probate attorney helps make sure the estate is managed properly and fairly.
The beneficiaries get the inheritance without many delays or problems.
Are you overwhelmed trying to figure out who pays for probate attorney fees in Georgia?
Our probate attorneys handle everything for you.
We specialize in taking as much as possible off your plate so that you are not:
Fill out the form to get a have us fill out your Petition for FREE.
Probate can be confusing and stressful. Incorrectly filled-out probate petitions can cause delays, rejections, and added stress. We will fill out your petition for you (for FREE).
Fill out the form to have us fill out your petition for you (at no charge). We can only offer 5 free petitions per week, so act fast to secure your spot and avoid the hassle of probate.
"*" indicates required fields
Our Georgia probate lawyers work remotely, so you don’t have to visit an office. Here are all the counties we serve in Georgia.
