Legal Fees for Settling an Estate Without a Will

The average legal fees to settle an estate without a Will in the United States can vary significantly depending on several factors, such as:

Location: Fees can differ depending on the state.

Estate complexity: Larger or more complex estates with multiple assets, debts, or beneficiaries can increase legal fees.

Law firm or attorney: Fees can vary between law firms, and some attorneys may charge higher rates than others.

State laws and regulations: Each state has its own laws and regulations regarding probate and estate administration, which can impact legal fees.

That being said, here are some estimated legal fee ranges for settling an estate without a Will in the United States:

Simple estates: 2-4% of the estate value (e.g., $4,000 to $8,000 for a $200,000 estate)

Moderate estates:
3-6% of the estate value (e.g., $6,000 to $12,000 for a $200,000 estate)

Complex estates:
5-10% or more of the estate value (e.g., $10,000 to $20,000 or more for a $200,000 estate)

These fees typically cover:

  • Obtaining Letters of Administration
  • Identifying and gathering assets
  • Paying debts and taxes
  • Distributing assets to beneficiaries according to the relevant state's intestacy laws

Some states also have specific laws that impact legal fees. For example:

California: The statutory fee for probate attorneys is based on the value of the estate, ranging from 0.5% to 4% of the estate value.

New York:
The court-approved fee for estate administrators is typically 2-5% of the estate value.

Keep in mind that these estimates are rough and can vary depending on your specific circumstances. 

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