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.
The factors that a judge will look at to determine whether or not an estate attorney’s fees are reasonable or unreasonable include:
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.
I had a wonderful experience with Peter and his team preparing my estate documents. The experience was very personalized and his team was very knowledgeable, polite, and patient through the process.
Peter offers excellent service in a easy friendly atmosphere. Highly recommended!
We have been using Klenk law for a decade. Always good advice and fast execution. Highly recommended!
Peter and his team are great to work with. They make estate planning so easy and painless. They answered all of my questions clearly and helped me understand the best way to handle complicated finances and things like real estate investments. Thank you Klenk Law!!
Jackie was fantastic! She helped prepare our will, her professionalism and organization was top notch! We highly recommend Jackie and Klenk Law.
Let us put our expertise to work for you.
Free consultation within 24 hours.