Legal Question in Wills and Trusts in New York

Attorney Probate Fees

For New York, specifically Ostego County, NY: What is a fair flat attorney fee for an estate between $200K-500K? What is the range of possible fees charged in this area? My understanding is that there is set standard, only what the Surrogate Court deems ''reasonable.'' I have seen a literal flat fee (one percentange) & I have seen a sliding scale percentage.

Thank you.

Asked on 11/22/02, 3:00 pm

2 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: Attorney Probate Fees

We don't have a fee schedule in New York; it's prohibited.

Size doesn't always count in setting the fee; complexity and nature of assets is taken into consideration.

Generally the starting point is an executors commission which is set by statute.

From there you can negotiate either a flat rate or one based on time.

One bit of advice; be careful of a low baller.

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Answered on 11/22/02, 4:22 pm

David Slater David P. Slater, Esq.

Re: Attorney Probate Fees

Five to seven % plus court fees is not unusual. The complexity of the probate must be considered.

Good luck.

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Answered on 11/23/02, 1:54 pm

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