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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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Denise Lowmaster

Our experience with Klenk Law has been exceptional. We’ve had help with estate planning and pre-nuptial agreements. They really take the time to explain everything and let us know our options. All of the staff are very professional, courteous and knowledgeable. They are very prompt with responding to calls and messages. We will continue to use them and recommend to friends and family.

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Wendy Charlap

We came to this firm based because of the online reviews we read and were not disappointed. Peter and the staff were a pleasure to work with - Peter was friendly, knowledgeable and patient with all our questions and the office staff were extremely responsive and efficient with all the scheduling and follow up needed to get us ready for the signing. We also like that all documents are housed in a portal that is easily accessible. Thank you to Peter and the team for helping us cross 'update estate planning documents' off our list.

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Stephanie Sesker

We were extremely pleased with the work done by Peter Klenk and members of the staff at Klenk Law. They were very thorough and did the work in a timely fashion. Peter's explanations of the legal system were very clear and helpful. I highly recommend this firm and Peter.

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Bill Cass

My wife and I were thoroughly satisfied. We had very clear explanations of complicated subjects.

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Jackie M. at Klenk Law is dynamite.!! She is certainly an asset to this firm. Knowledgeable, personable, and dedicated to her craft.

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