What fees and costs should I expect when hiring a North Carolina probate attorney? - Pennsylvania
The Short Answer
In Pennsylvania probate matters, attorney fees and estate administration costs vary widely based on the size and complexity of the estate, whether there are disputes, and how much work is required. There is no single “set” probate attorney fee by statute—instead, fees are typically evaluated under a reasonableness standard and are often paid from estate funds as an administration expense (when appropriate).
What Pennsylvania Law Says
Pennsylvania’s Orphans’ Court oversees estate administration and has authority to review compensation connected to administering an estate. A key concept is that compensation tied to estate administration must be reasonable in light of the circumstances—especially when it is being paid from estate assets and affects beneficiaries.
The Statute
The primary law governing compensation in estate administration is 20 Pa.C.S. § 3537.
This statute establishes that the court shall allow the personal representative (executor/administrator) compensation that is “reasonable and just,” and it permits the court to calculate compensation on a graduated percentage.
Separately, many estates also incur ordinary administration expenses beyond attorney time. For example, Pennsylvania law expressly treats certain distribution-related expenses (like storage, insurance, packing, and delivery of tangible personal property to a beneficiary) as an expense of administration. See 20 Pa.C.S. § 3534.1.
For a deeper discussion of what drives overall estate administration costs, you may also want to read: What Factors Determine the Total Cost of Administering an Estate in Pennsylvania? and Can a Pennsylvania Executor Pay a Probate Attorney Retainer from Estate Funds (and How Are Attorney Fees Handled)?.
Why You Should Speak with an Attorney
Even though “reasonable” fees sound straightforward, fee issues in probate can become contentious quickly—especially when beneficiaries disagree, when there are unusual assets, or when the executor’s work overlaps with legal work. Applying the law to your situation often depends on details that are easy to miss at the start.
- Strict Deadlines: Probate administration has time-sensitive requirements (including court filings and tax-related timing). Missing a deadline can create avoidable expense, delay distribution, or trigger objections.
- Burden of Proof: When fees are questioned, the party seeking compensation may need to justify the work performed and why the amount is reasonable for the estate’s circumstances.
- Exceptions: Disputes (will contests, creditor claims, family conflicts), unusual assets (business interests, real estate issues), or out-of-state property can significantly change the fee picture and may require court involvement.
Because probate fees and costs often come out of estate funds—and directly affect what beneficiaries receive—getting counsel early can reduce the risk of objections, surcharge claims, or court-ordered fee reductions.
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.