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The following article was published in our article directory on December 16, 2013.
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Article Category: Legal
Author Name: Mortensen Law Office
Living in California, you know that probate is not free of charge. According to California law, the price of probate can be decided by the value of the estate. However, this is not all that you should consider. You should also learn of the types of fees related to probate.
Hiring a lawyer to help you out or handle the entire probate case. Keep in mind that as an executor, you do not have to pay your probate lawyer. It is not your duty to spend on the process. You can actually use the estate assets to pay for the fees required. You should do this before the assets are distributed to the heirs and beneficiaries.
Probate lawyers generally charge probate by the hour, with a flat rate, or with a set-in-stone percentage. Your attorney may let you choose how you want to pay for his services. Hence, you should be aware of these kinds of fee arrangements. You have to find out which one is most appropriate for your case.
Hourly billing is chosen by a lot of probate lawyers. Their hourly rate should generally depend on how much training and experience they have. If you get a prominent| well-known lawyer, you can expect to pay a bigger fee.
Furthermore, you should consider your area, the size of the firm, and other crucial factors. Where you live and how large the size of the firm is can affect the fees involved. Bigger cities usually have higher probate fees.
Similarly, prominent lawyers generally charge higher than those who are not as prominent. In addition, a lawyer who has probate as his specialty and main focus is more likely to charge a greater hourly rate compared to a general practitioner.
However, it is more beneficial to hire a specialist since he has more knowledge of the local rules as well as how to file and prepare documents for the court. If you hire less skilled legal assistants and lawyers, you can be billed with a lesser hourly rate. Just take note that most lawyers bill in a minimum of six minutes in increments.
Furthermore, flat rates are also commonly charged by probate lawyers. Flat rates enable lawyers to go on with their duties without having to track their work by the hour. Since they already have an idea of how long an average probate process takes place, they can charge a flat rate that is sensible and close to what they could make by the hour.
On the other hand, paying a certain percentage of the total estate value is the worse way on how to pay your attorney. Although expected in certain states, this method is still not advisable. As much as possible, you have to negotiate an hourly fee or a flat rate with your lawyer.
Probate Attorneys, P.C.
22807 Lyons Avenue
Newhall, CA 91321
www.mortensenlaw.com
Keywords: Attorney, California law, Tax law, Trust lawyer, Probate lawyer, Mortensen Law, Medicare, Attorney
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