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Serving as an executor of an estate is a time-consuming and arduous 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.

Along with accepting compensation for serving in the role, an executor is strongly encouraged to hire a probate attorney. An experienced probate attorney guides an executor through the process, becomes responsible for most of the difficult tasks, and helps ensure the executor satisfies all of their fiduciary responsibilities.

Probate attorney’s fees in New Jersey are paid out of the estate funds. New Jersey has not applied a statutory formula to the calculation of a probate attorney’s fees. In fact, some judges have suggested attorney’s fees based on a percentage of the estate cannot be imposed. Ultimately, in New Jersey, an appropriate estate attorney’s fee must be “reasonable” based on a multitude of factors.

Factors Used to Determine Reasonable Probate Attorney Fees in New Jersey

The factors that a judge will look at to determine whether or not an estate attorney’s fees are reasonable or unreasonable include:

  1. the amount of the estate and the amount thereof in dispute or jeopardy as to which professional services were made necessary;
  2. the nature and extent of the jeopardy or risk involved or incurred;
  3. the nature, extent, and difficulty of the services rendered;
  4. the experience and legal knowledge required, and the skill, diligence, ability and judgment shown;
  5. the time necessarily spent by the attorney in the performance of his services;
  6. the results obtained;
  7. the benefits or advantages resulting to the estate, and their importance;
  8. any special circumstances, including the standing of the attorney for integrity and skill; and
  9. the overhead expense to which the attorney has been put.

In re Bloomer’s Estate, 117 A.2d 17, 21-22 (App. Div. 1955).

As you can see, various factors influence the propriety of a probate attorney’s fees. A reasonable probate attorney’s fee should be mutually agreed to by the executor and attorney based on the division of work, nature of the estate and experience of the attorney. We will update our blog with examples of cases where probate attorney fees in New Jersey have been challenged and upheld—or reduced—as we find them!

If you have questions about probate fees in New Jersey or any other estate planning concerns contact our office for a free consultation.

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very happy to deal with Peter Klenk law firm over many decades

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Bernadette Cucinotti

It's our first time doing business with Klenk Law and it was absolutely very positive. All interactions were timely and very professional. Peter and all of his staff put us at ease when making our estate plans and answered any questions thoroughly. We would highly recommend.

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Lu Han

I have worked with three different attorneys and law firms over the years, and I can confidently say that attorney Peter Klenk stands out as the most knowledgeable. He created the most thorough wills and trust documents I've ever had. Mr. Klenk took the time to gather all the necessary details about my current situation and goals. As a result, he put together comprehensive documents that I believe will effectively protect my assets and ensure my children's inheritance is secure.
What truly sets Mr. Klenk apart is his patience and dedication to understanding my questions. He provided detailed explanations that made complex legal concepts much easier to grasp. His team's communication and scheduling were equally impressive, making the entire process smooth and stress-free.
Thank you, Mr. Klenk, and your fantastic team, for your exceptional service!

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Gwen Hinrichs

I can't tell you how satisfied I am with this law firm. They were competent and helped me with a very difficult situation. They got the job done in a timely fashion and I am so happy I found them. If you find yourself in a difficult and contentious probate situation I highly recommend this firm. There is just no way I could have had this positive outcome without them. I worked with 2 different lawyers prior to hiring them and neither of them could get the job done like Klenk. Daniella Horn was a pleasure to work with and highly competent.

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Randi Greenberg

Jackie is amazing! I have asked her many questions and she answers them professionally and honestly. She is very informative !!!

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