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Probate For Personal Representative – Legal Services

Probate for Personal Representative.

When we represent the Personal Representative in a Probate Matter, fees will be a combination of Fixed Fees and Hourly. The total legal fees for a probate can vary dramatically depending on many factors. The complexity and value of assets and family conflict are the biggest contributors to higher fees. To keep the fees down, keep the peace. In general, with adjustments as appropriate, a probate proceedings will include the following:

  1. Conduct Initial Post Death Administration Conference, including the following:

  2. Prepare Agenda o Audit file o Identify family members

  3. Identify and contact Advisors o Identify Assets and their status

  4. Determine the size and value of the estate

  5. Identify matters or issues with a high risk of conflict, and map out a conflict avoidance or resolution strategy

  6. Prepare Probate Coordination Letter with Client Instructions

  7. Prepare Court Filings (as applicable) as follows:

  8. Probate Cover Sheet

  9. Application for Probate of Will and Appointment of Personal Representative

  10. Statement of Informal (or Formal as needed) Probate of Will and Appointment of Personal Representative

  1. Letters of Appointment and Acceptance for Personal Representative

  2. Waiver of Bond (as needed – alternatively, arranging Bond as required)

  3. Consent to Appointment as needed

  4. Publication of Notice to Creditors

  5. Notices sent to Specific Creditors (limit 5 Notices; each Notice thereafter will be billed separately)

  6. Notice to Heirs

  7. Proof of Notice

  8. Notice of Assumption of Duties in a Fiduciary Capacity

  9. Accounting or Waiver of Accounting and basic draft of Family Settlement Agreement

  10. Inventory of the Estate o Provide copies of selected documents to interested parties as required by law

  11. Obtain signatures as needed

  12. File with the Court with appropriate filing fees

  13. Obtain up to 3 certified copies of Letters of Appointment

  14. Prepare Closing Statement and file with the Court

  15. Prepare “Out of intensive care” letter to Personal Representative- when all work is complete

  16. OTHER FIXED FEES (incurred as needed) may include:

  17. Prepare documents to transfer assets: Deeds for Real Property, Stock Transfers, Assignments of LLC memberships

  18. Conveyances funding sub-trusts

  19. Letters of instruction to trustees for other funding action items.

  20. HOURLY MATTERS- All services not covered by a Fixed Fee as needed including by way of example the following:

  21. Negotiate with creditors, family members and other claimants

  22. Family Settlement Agreements

  23. Any necessary court appearances

  24. Engage appraiser and/or business valuation expert for estate assets

  25. Letters

  26. follow through with appraiser

  27. Initiate a lost asset search through a private investigator or on-line

  28. Conferences with family members and advisors to do post-death tax planning

  29. Post death tax planning based on appraisals and likely change in value of assets

  30. Summary Letters and Action Item Lists

  31. Coordinate with tax advisors to prepare applicable tax returns

  32. Other services as may be needed depending on particular situation

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