Probate is the legal process for transferring assets and sorting out the affairs of a deceased individual. Though it is avoidable with proactive planning, probate is common, and we love to help clients who have recently lost a loved one.  Whether you just need to get the house transferred out of mom’s name or there as a long list of assets and potential beneficiaries, we can help.

Most probate matters fall into one of the following categories:

Small Estate Affidavit - $400

  • If there is less than $40,000 in assets, no Will, and no real estate involved, a Small Estate Affidavit should be sufficient to get the assets transferred.

Determination of Descent - $3,000 (including court costs and publication fees and assuming no contests)

  • If more than six months has passed since the date of death, a Determination of Descent should get the job done. 
  • If all heirs agree to give an asset (or all the assets) to one of a few default heirs, we may be able to help with a settlement agreement that would accomplish everyone's wishes for an additional fee.

Simplified Administration - $5,000 (excluding court costs and publication fees, and assuming no contests)

  • If you need Letters Testamentary, Letters of Administration, access to assets and management authority, or authority to act on behalf of the estate, a Simplified Administration may be what you need.  If real estate must be sold out of the estate, there is an additional $1,000 fee per sale. If you need to sell a vehicle, it costs an additional $500 per petition.

Uncontested vs. Contested Probate Matters

  • Uncontested Small Estate Affidavits, Determinations of Descent, and Simplified Administrations come with the FLAT FEE GUARANTEE™, which means you will know exactly what the total cost is on the front end.
  • If someone contests the estate, there will be an hourly fee for all work done as a direct result of the contest.  (The agreed upon flat fee will cover the probate work that would need to be done regardless of the contest, and the hourly fee will cover the additional work that would otherwise not have needed to be done, but for the contest.)