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
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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!
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Klenk Law is an exceptional practice. Their fine lawyers and staff team up to produce excellent results for their clients. They excel at explaining the often cryptic laws and policies that govern estate planning right down to the complexities of the various "trust" frameworks. Peter himself manages each client together with his great team, and he has a rare quality to be both a walking encyclopedia of planning minutia and also one of the most likable lawyers I have ever had the pleasure of dealing with. He is truly generous in intellect and in his personal approach to getting the "big picture" for complex family structures. I trust him implicitly to help me make the right choices for the future. In short, Klenk Law is a gem of a firm.
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Mr. Klenk, quickly understood the circumstances presented and provided clear and concise advice. This advice provided me with the information I required to progress the case to my advantage.
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I saw four lawyers and was told by all of them; I should just forget contesting my mother's will. I knew what happened, but it is very hard to prove undue influence. I contacted the Law Offices of Peter L. Klenk & Associates. Attorney Amanda DiChello took my case. They were very honest and upfront about what would be involved trying to prove what I knew was true. Attorney DiChello may be young but she is extremely knowledgeable and skilled. She listened and understood what I conveyed to her. She knew exactly what information to use and crafted an outstanding interrogatory and many powerful depositions. Attorney DiChello understood the various emotional feelings this case created for my family and me; she was always there for us with a kind and encouraging word. We went to trial. The amount of work which she and her Paralegal did for the trial was incredible. They both knew my case inside and out! Attorney DiChello's powerful interrogative and thinking skills produced a positive outcome. Attorney DiChello did what other seasoned lawyers said was impossible!
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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.
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