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:
- the amount of the estate and the amount thereof in dispute or jeopardy as to which professional services were made necessary;
- the nature and extent of the jeopardy or risk involved or incurred;
- the nature, extent, and difficulty of the services rendered;
- the experience and legal knowledge required, and the skill, diligence, ability and judgment shown;
- the time necessarily spent by the attorney in the performance of his services;
- the results obtained;
- the benefits or advantages resulting to the estate, and their importance;
- any special circumstances, including the standing of the attorney for integrity and skill; and
- 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.
New Jersey Estate Administration Fees
- Overview
- NJ Probate Attorney Fees
- NJ Executor Fees
- NJ Trustee Fees
- NJ Agent & Power of Attorney Fees
- NJ 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
"*" indicates required fields
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 Benson
My family and I was pleased with the service, and insight of Klenk Law. All of our questions and concerns were patiently answered. I will be referring this firm to many family and friends to assist with real estate planning etc. Thank Klenk Law
Keith Austin
The Klenk team smoothly helped my family with the often thick and cumbersome estate planning documents. We would recommend them for this type of work! Thank you, Klenk Law!
CEGM
Peters' firm has prepared and updated our Wills and Trusts for the last 15 to 20 years. They know the law and help with your decision making to use the law to your best advantage. Response time to your requests is very reasonable, and final reviews and signing is executed in a timely manor with a thorough coverage of the documents. Our most recent updates to our Wills & Trusts were somewhat complicated, in our opinion, but Peter and his staff handled them effortlessly. As you can tell from this review Peter Klenk's firm is top notch.
Chris Kurdelski
Transparent approach and pricing, with prompt and professional response. They understand the various sensitivities of estate planning. Cannot recommend the firm more highly., go with Klenk
Callista O “Callista O” Chukwunenye
I knew I needed to update my Estate Planning documents created 15 years ago, yet I kept putting it off. Peter, in his no pressure way nudged me to finally check it off my list. The admin staff of Klenk law were very respectful and responsive in working with me to set up dates and times that work for me to talk with Peter over the phone regarding what I wanted to update. Peter answered my questions and explained some things to me. This helped me on some of my estate decision. After our phone talk, I received a draft of the updated documents, and was allowed ample time to review them prior to a final review with Peter over the phone. This pre-signing reviews made the in-person signing time very short. I would highly recommend Klenk Law, because Peter and his staff were professional but friendly, and thorough in the estate planning work they did for me. Thank you, Peter!
Let us put our expertise to work for you.
Free consultation within 24 hours.
