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:
Conduct Initial Post Death Administration Conference, including the following:
Prepare Agenda o Audit file o Identify family members
Identify and contact Advisors o Identify Assets and their status
Determine the size and value of the estate
Identify matters or issues with a high risk of conflict, and map out a conflict avoidance or resolution strategy
Prepare Probate Coordination Letter with Client Instructions
Prepare Court Filings (as applicable) as follows:
Probate Cover Sheet
Application for Probate of Will and Appointment of Personal Representative
Statement of Informal (or Formal as needed) Probate of Will and Appointment of Personal Representative
Letters of Appointment and Acceptance for Personal Representative
Waiver of Bond (as needed – alternatively, arranging Bond as required)
Consent to Appointment as needed
Publication of Notice to Creditors
Notices sent to Specific Creditors (limit 5 Notices; each Notice thereafter will be billed separately)
Notice to Heirs
Proof of Notice
Notice of Assumption of Duties in a Fiduciary Capacity
Accounting or Waiver of Accounting and basic draft of Family Settlement Agreement
Inventory of the Estate o Provide copies of selected documents to interested parties as required by law
Obtain signatures as needed
File with the Court with appropriate filing fees
Obtain up to 3 certified copies of Letters of Appointment
Prepare Closing Statement and file with the Court
Prepare “Out of intensive care” letter to Personal Representative- when all work is complete
OTHER FIXED FEES (incurred as needed) may include:
Prepare documents to transfer assets: Deeds for Real Property, Stock Transfers, Assignments of LLC memberships
Conveyances funding sub-trusts
Letters of instruction to trustees for other funding action items.
HOURLY MATTERS- All services not covered by a Fixed Fee as needed including by way of example the following:
Negotiate with creditors, family members and other claimants
Family Settlement Agreements
Any necessary court appearances
Engage appraiser and/or business valuation expert for estate assets
Letters
follow through with appraiser
Initiate a lost asset search through a private investigator or on-line
Conferences with family members and advisors to do post-death tax planning
Post death tax planning based on appraisals and likely change in value of assets
Summary Letters and Action Item Lists
Coordinate with tax advisors to prepare applicable tax returns
Other services as may be needed depending on particular situation
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