What is “probate lawyer fees”? When does someone have to pay probate lawyer fees? What is the usual fee schedule for such issues? Probate in Alberta is a part of the justice process that is a part of the wills and estates of the individuals. The term “probate” can be defined as the disposing of a decedent’s properties and assets during his/her lifetime.
It may be a complicated process but the outcome is definitely worth it. There are two kinds of scenarios when an individual would require the assistance of a probate lawyer in this process: either a grant of probate or a grant of administration. When the probate attorney is paid after being paid by the deceased person’s estate, the flat fee referred to as the “awarded expense” will be the responsibility of the lawyer. The actual expenses that are incurred are listed on the final claim form that is provided to the attorney upon signation of the form by the deceased person’s estate.
In both these instances, the actual fees or amounts of probate fees are typically paid by the estate of the deceased person. Grant of probate fees are typically paid by the beneficiaries of the will or trust in question. And, in cases of administration, the court is typically paid the award of probate fees by the attorneys who are being paid to do the work for the beneficiaries of the will. The fee structure for administration is generally set forth in a document that is referred to as the Order of Administration. The actual fee schedule for probate fees will typically be contained in this same document.
Types of assets
There are two types of assets that are generally maintained during the probate process: debts and property. Debts are those that are owed directly by the deceased person to third parties such as lenders, vendors or credit cards. The property is any real property or assets that are owned directly by the decedent estate. In some instances, the probate court may order any remaining debts to be repaid to the beneficiary of the decedent estate. These debts will then be distributed between the remaining debts of the decedent estate and the beneficiary of the estate.
Many times, when an estate is being established, there is a designated “trustee” or “beneficiary” to act as the initial “trustee” of the estate. This individual is also commonly referred to as the “Administrator.” Once the decedent person’s death has been confirmed, the administrator will serve as the appointed administrator until the date of the probate estate settlement when the next of kin is entitled to payment of the balance of the decedent person’s debts under the plan established by the decedent. Most often, the beneficiary will pay the probate lawyer fees.
Length of the probate process
Probate attorneys may charge their clients depending on the complexity of the case, the length of the probate process, and the state in which the case is filed. Some states allow their attorneys to engage in “consulting” with the opposing party’s attorneys prior to a settlement. In other states, both attorneys may engage in “consulting” prior to a settlement in order to determine if a settlement can be reached. If so, the attorney may receive a percentage of the settlement.
Most states have probate fee guidelines. Those guidelines will be followed by each individual state’s probate courts. However, when it comes to deciding the fee for an administrator, that decision will be made by the court based on how much work will need to be done, the expenses of maintaining the estate, and the amount of money provided for each claim the estate must pay out. The court may also require additional fees for travel costs and housing. These are all things that will be considered in determining the fee for the administrator.
If you are considering appointing an administrator, it is important to hire a probate lawyer that can effectively represent your interests. You want an attorney that is experienced in this area of the law. They should also have the experience you need to select the best person to handle the important legal matters involved. You cannot possibly sit in judgment while someone else does the research needed to ensure you make the right decisions. In the end, you want a qualified and experienced attorney to handle the many legal matters associated with your loved one’s estate. Hire an attorney today.