What is the Cost for Letters Testamentary?

Isn't probate always expensive?

Stories about the costs and delay of probate are legendary. You may know a friend or family member who had to wait for years on an estate that was stuck in probate. They may have also paid their attorney tens of thousands of dollars. Fortunately, the overwhelming majority of wills that are submitted to the probate court are admitted into probate within a few weeks and the total costs associated with doing so are often much less. So what are the costs of probate and getting Letters Testamentary?

What does the clerk charge per copy of Letters Testamentary?

The clerk of the probate court usually charges a nominal fee for a copy of the Letters Testamentary. The usual cost of Letters Testamentary is around $2 each. This, however, is merely the cost for issuing the documents after the application process and hearing are completed with the court. There are usually more costs and fees involved that are significantly more than $2.

The clerk of the court charges a fee to file the Application for Probate and for Letters Testamentary. The fee averages between $250 and $325 and differ by county. The clerk may also charge an additional $2 fee for the entry of the Order Admitting Will to Probate and $2 for the administration of the Oath of Executor. These fees are paid directly to the county clerk where the case is filed.

There are also publication fees associated with being an executor. The executor of an estate is required to publish a notice to creditors in a local newspaper. The notice is required to run in the paper for one day. The newspaper usually charges between $35 and $95 for publication of the notice. This cost is paid directly to the newspaper publisher.

Finally, there are the attorney's fees. Attorney's fees are almost always the largest cost compenent in getting Letters Testamentary. The structure and amount of the fees vary significantly. Some attorneys charge a fixed-fee while others bill their time on an hourly basis. A client should know that there are options when hiring an attorney. Research fees online and make some calls to several attorneys. As a client, this is the only area in which you have control. Take advantage of your position as a consumer and seek out a fee arrangment that is fair to you and the attorney.