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