A Guide to Pennsylvania Probate Attorney Fees
In Pennsylvania, a probate attorney’s fees are paid out of the estate funds. As part of the executor’s responsibility in managing an estate, state laws require that the attorney’s fee is “fair and reasonable.” Let’s take a look at what fair and reasonable looks like in the context of a probate attorney’s fees.
Serving as executor of a Pennsylvania estate is a difficult and time-consuming task. In addition to the emotional strength required, the executor must be able to quickly digest numerous laws and responsibilities enforced by various bureaucracies and institutions. It’s a monumental task in a foreign field. Fortunately, there is help.
Executors are strongly encouraged to hire a probate attorney. An experienced Pennsylvania probate attorney will guide an executor through the probate process, takes responsibility for most of the difficult tasks, and helps to ensure the executor satisfies all of their fiduciary responsibilities.
What are “Fair and Reasonable” Probate Attorney Fees in Pennsylvania?
The Legislature doesn’t set probate attorney’s fees in Pennsylvania. Any challenge to the “fair and reasonable” requirement will be left to the discretion of each county’s Orphan’s Court. While the Pennsylvania Legislature has resisted the ease of adopting a percentage based fee schedule, some Orphan’s Court judges have supplied some helpful precedent. Pennsylvania probate judges regularly apply a schedule attached to a 1983 case opinion, the Johnson Estate.
The Johnson Estate Executor Fee Schedule;
The Johnson Estate executor fee schedule is posted below. It’s a benchmark many judges have recognized or referenced over the past 30 years when an attorney’s fees have been challenged. Rather then balancing countless factors, many judges first examine how the claimed fee compares to the schedule in Johnson. This schedule therefore serves as the most intelligible answer to an appropriate executor’s fee in Pennsylvania.
This schedule represents by no means what an estate must, or should pay. Ultimately, the executor and the attorney must decide the fee based on the work involved with that individual estate.
Probate Attorney Fees in Pennsylvania Can Be Determined by a Percentage, a Typical Hourly Rate, or a Flat Rate for All Work Involved.
Regardless, the fee agreement should detail the work to be done by the executor and the attorney, including the division of responsibilities. The fee should be calculated based on the size of the estate, responsibility incurred by the attorney, the complexity of the estate and experience of the attorney. Each estate is different, understanding the responsibilities of the attorney and their background will ensure you make an informed decision using Johnson as a guidepost.
| Min. Marginal Value ($) | Max Marginal Value ($) | % Fee Allowed | Marginal Fee | Total Fee |
| 00.01 | 25,000.00 | @ 7% | $ 1,750.00 | $ 1,750.00 |
| 25,000.01 | 50,000.00 | @ 6% | $ 1,500.00 | $ 3,250.00 |
| 50,000.01 | 100,000.00 | @ 5% | $ 2,500.00 | $ 5,750.00 |
| 100,000.01 | 200,000.00 | @ 4% | $ 4,000.00 | $ 9,750.00 |
| 200,000.01 | 1,000,000.00 | @ 3% | $ 24,000.00 | $ 33,750.00 |
| 1,000,000.01 | 2,000,000.00 | @2% | $ 20,000.00 | $ 53,750.00 |
| 2,000,000.01 | 3,000,000.00 | @ 1½% | $ 15,000.00 | $ 68,750.00 |
| 3,000,000.01 | 4,000,000.00 | @ 1% | $ 10,000.00 | $ 78,750.00 |
| 4,000,000.01 | 5,000,000.00 | @ ½% | $ 5,000.00 | $ 83,750.00 |
| ½% | Regular Commission P.O.D. Bonds and Trust Funds | 3½% | Transfer Joint Accounts | 3½% | Assets Which Are Taxable at One Half Value |
| 1% | Non-Probate Assets up to $1,000,000 | 1% | Non-Probate Assets | Joint Accounts Fully Taxable: Full Commission |
If you have questions about probate attorney fees or any other estate planning concerns contact our office for a free consultation.
Pennsylvania Estate Administration Fees
- Overview
- PA Probate Attorney Fees
- PA Executor Fees
- PA Trustee Fees
- PA Agent & Power of Attorney Fees
- PA Guardianship Fees
Peter Klenk is the founding member of Klenk Law, a seven attorney boutique estate planning law firm. We serve clients in Pennsylvania, New Jersey, New York, Minnesota and Florida. Peter Klenk received his Masters in Taxation LL.M. from NYU Law School and his J.D. from the University of Minnesota Law School. He served his country in the Navy JAGC during Desert Storm. Easy to talk to, feel free to call Peter for an appointment. We will make the process as easy as possible!
Free Consultation
Client Review
"I worked for Peter Klenk for 4 wonderful years. I can’t speak highly enough of everyone at the firm. Everyone truly cares about their clients and has a strong sense of responsibility to get things done right. I would highly recommend Klenk Law!"
Flora Novick
Areas Served:
Philadelphia PA, Allentown PA, King of Prussia PA, Montgomery County PA, Bucks County PA, Doylestown PA, Jenkintown PA, Marlton NJ, Moorestown NJWhat Our clients are saying
Chris Curcio
Fantastic customer service. Very personable and most importantly they provide great explanations of what is required based on your individual needs. Highly recommend Klenk Law for anyone that needs to create a will and estate documents.
Elizabeth Ray
Peter and his associates were a pleasure to work with. He explained the process clearly and provided assistance nearly instantaneously. Highly recommended for trusts-and-estates-related needs!
Peter G.
Very knowledgeable! Peter Klenk always has a thorough answer, and the associates have more experience than you'll find at most firms. They really only do estate work.
Michael Wolfgang
Peter and the whole team at Klenk Law are top notch. They are thorough, efficient and understanding of client needs. He was able to tailor our estate planning needs just how we envisioned.
Mr. Klenk has been easy to work with. I am confident he has given me good advice whenever I have called upon him. He has shown good work ethic and depth of knowledge in preparation of estate, wills, and trusts that I have worked with him on.
Let us put our expertise to work for you.
Free consultation within 24 hours.
