When an individual passes away, his or her assets do not automatically transfer to the deceased’s heirs. If the deceased dies with a Will, the Will must be submitted to Surrogates court for a legal process known as Probate. Probate is the process of proving that the decedent’s Will is valid. If the deceased died without a Will, the decedent’s estate has to go through a legal process known as Estate Administration. In both cases certain heirs and potential beneficiaries have to be notified; the process is long and complicated.
Our probate attorneys charge $2,500 plus court fees for an uncontested Will Probate or Estate Administration. Uncontested means that nobody challenges the distribution of the assets or the appointment of an administrator/executor. If there is a legal dispute as to either, the process becomes contested and the flat fee does not apply.
Our flat fee of $2,500 includes the following:
Will Probate
- Preparing & Filing the Probate Petition with Surrogates Court,
- Preparing & Filing Heirship Affidavit & Family Tree,
- Preparing & Filing Waivers from necessary parties,
- Preparing other miscellaneous affidavits and related documents,
- Appointment of an Executor,
- Obtaining Letters Testamentary,
- Advising regarding distribution of assets,
- Advising regarding filing of taxes, and
- Advising regarding outstanding debts.
Estate Administration
- Preparing & Filing Petition for Letters of Administration;
- Preparing & Filing Heirship Affidavit & Family Tree;
- Preparing & Filing Waivers from necessary parties;
- Preparing other miscellaneous affidavits and related documents;
- Appointment of an Administrator;
- Obtaining Letters of Administration;
- Advising regarding distribution of assets;
- Advising regarding filing of taxes; and
- Advising regarding outstanding debts.
Please note that surrogate court fees are based on the estimated value of the estate. The fees range from $45 to $1,250. Please further note that the services of an accountant and/or appraiser may be necessary depending on the assets involved.