How much does an Idaho probate lawyer cost, is a frequently raised question after someone passes away, The answer can vary depending on where a probate must be filed and what process or procedures need to be done.
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Most often the personal representative (PR) or executor of the estate will hire a lawyer to handle the whole probate case. However, they can ask a lawyer to help with only part of it. Payment for a lawyer should come from the estate assets and not personally from the PR. Legal fees should come out before heirs or beneficiaries receive any assets
There are different types of billing arrangements for probate. Lawyers normally use one of three basic methods to charge for probate work: by the hour, a flat fee, or a percentage of the value of the estate assets.
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Many probate lawyers bill clients by the hour. The hourly rate will depend on how much experience and training the lawyer has, where you live, and whether the lawyer practices in a big law firm or a small one. Small town rates may be as low as $150/hour; in a city, a rate of less than $200/hour would be unusual. Big firms generally charge higher rates than sole practitioners or small firms, unless a small firm is made up solely of hot-shot specialists.
A lawyer who does nothing but estate planning and probate will likely charge a higher hourly rate than a general practitioner. The advantage to you is that a specialist should be more efficient. Someone who has steered many probates through the local court has probably learned all the local rules and how to prepare and file documents the way the court likes them.
Some lawyers charge their probate clients a flat fee. That way, they don't have to keep down-to-the-minute records of how they spend their time. Since they have a good idea of how long an average probate will take, they can charge a fee that will be close to what they would get if they billed by the hour.
If you're billed this way, you don't have to worry about running up the bill every time you want to ask a question of the lawyer. It can be a more relaxed experience.
If you agree to pay a flat fee for legal work, make sure you understand what it does and does not cover. For example, you may still have to pay separate court filing costs, fees to record documents, or appraiser's fees.
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In a few states, lawyers may still charge a fee equal to a percentage of the estate. In most cases this will result in the estate paying more money to the lawyer than if they billed on one of the other methods. You can and should try to negotiate an hourly rate or flat fee with the lawyer.
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