Key Takeaways
Editor’s note: This is one of the 20 tough financial questions posed in the “Do This or That?” cover story in the September 2011 issue of Kiplinger’s Personal Finance. Use the drop-down ...
Total Payments to Estate Administration Lawyers About a third of readers said the estate paid less than $2,500 for legal help. Total Fees Charged by Estate Administration Lawyers. In our survey, more than a third of readers (34%) said that their lawyers received less than $2,500 in total for helping with estate administration.
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The fee for having a basic will written can be as little as $150 —fairly reasonable and affordable for most people. Consider purchasing a do-it-yourself will creation kit that can be purchased online or in stores for less. These are generally templates you can fill in with your pertinent information online. If you require more complicated or additional estate planning documents, be prepared to dish out more cash. It can cost $1,000 or more in advanced situations.
Keep in mind, though, hiring a lawyer to draft a document may cost anywhere from $100 per hour to $400 per hour or more . And if you decide to make any changes, it will cost you because it means another trip to the lawyer.
Make a list of all your assets—your home, vehicles, any valuables—along with all of your financial accounts such as checking and savings accounts, certificates of deposit (CDs), and life insurance policies. Then jot down all of your dependents and who inherits each asset. Also note that if there are any special considerations you'd like to include in your will such as when minors inherit your assets, how accounts will be split up, or what happens to your home after you die.
While the decisions of what happens to your estate after you die are yours, an attorney can guide you through the process and help you word your will properly so there are no mistakes.
Regardless of whether you write the will yourself or hire a lawyer, the decisions about what happens to your estate are yours alone.
A Complicated Process. Drawing up a will isn't as easy as you may imagine. Most people hear the word will and think it's a fairly simple process. The idea most people have is that it requires a few minutes to designate the recipients of all your worldly belongings. But that isn't true.
Remember that the basic will documents within may not cover every life situation that should be addressed. That's when you move to the next step.
In terms of cost, these forms start at around $10 to $20 for the most basic will. However, if you would like a more complete will, you can expect to pay an average of around $100 to $500. This will depend on the complexity of the will itself and your personal circumstances.
In terms of a simple estate, a basic can cost at little as $100 to $120. For this price, an attorney would write your will before completing a final review.
If you lack the required knowledge and do not write your will correctly, it could be ruled invalid during probate. If you're unfamiliar with the term probate, this is simply the judicial process where a will is proven valid in a court of law. This means that if your will is ruled invalid for whatever reason, the court could divide your assets ...
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When you establish a will, you essentially create a legal document that clearly outlines your wishes in regards to property, assets, and the legal care of minor children in the event that you pass away. Regardless of financial status, everyone should have a will.
Writing your own will is the least expensive option. To do so, you can use free samples available online. You could also follow another relative's will to help you create your own. However, it is important to note that if you are unaware of your state probate laws, writing your own will could end up being one of the most costly decisions you make.
Bottom line: This is the most cost-effective option as long as you write a valid will based on your state probate laws.
Nationwide, the average cost for an attorney or firm to create a will is $940 to $1,500 for an individual person. You can typically add on a second nearly identical will for a spouse. Most firms will reduce their price to a few hundred dollars for this. Ultimately, the fee you pay to create a will varies and depends on the size and complexity of your estate. Most attorneys charge a flat fee for writing a will, though there may be additional hourly charges if you have unique estate planning needs.
Writing a new will for large estates with complicated financial affairs are more expensive, since they take more time to write than a simple will.
The more assets you have, and the more special requirements you have for distributing those assets, the more you will pay for a will.
A will is just one part of your estate planning tools. You may need to augment it with a power of attorney. This legal document lets you appoint an attorney-in-fact, or someone to oversee your finances, if you become incapacitated.
There are plenty of services you can use to create a will online. These DIY wills cost less than the attorney fees you would spend for professional will-writing. However, many of these offer a one-size-fits-all solution where you fill-in-the-blank on common questions. Online wills often lack the personalization you need.
Creating a will can take anywhere from two to four weeks or more. Clients typically begin the process by meeting with an attorney who reviews their individual estate planning needs, identifies areas of concern and designs a plan that fits the client's goals and budget. Then, the attorney begins the will-drafting process.
The more complex your estate, the more you will spend on estate planning services. Simplifying your estate as much as possible can save you money on a will .
In states that use reasonable compensation to determine executor fees, it means compensation is determined by the probate court. Typically, the probate court will find executor compensation reasonable if it is in line with what people have received in the past as compensation in that area.
Reasonable compensation for executor fees in Arkansas should not to exceed ten percent (10%) of the first $1,000, five percent (5%) of the next $4,000, and three percent (3%) of the rest.
Maryland executor fees, by law, should not exceed certain amounts. Reasonable compensation is not to exceed 9% if less than $20,000; and $1,800 plus 3.6% of the excess over $20,000. Executor Fees in Massachusetts. Massachusetts is a reasonable compensation state for executor fees.
Reasonable fees are not to exceed six percent (6%) for the first $1,000; four percent (4%) for the next $1,000-$5,000; and two percent (2%) for remaining amounts greater than $5,000. Kansas is a reasonable compensation state for executor fees.
Even though executor compensation in Alabama is supposed to be reasonable compensation, Alabama executor fees should not exceed 2.5%.
For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable. But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there.
Connecticut does not have a statute governing executor compensation, but case law seems to suggest that Connecticut executor fees fit within the reasonable compensation heading.
In that case, your fee could be $1,000 or more. The cost of a will varies more with hourly fees. The average hourly rate for an attorney is $200 to $350 per hour, depending on where you live and the attorney’s experience. Let’s say you need a simple will.
Thanks to these four factors, there’s a huge price range for attorney-made wills. But on average, a flat fee for a simple will is about $300. You’ll pay a higher flat fee if you have a larger, more complicated estate. In that case, your fee could be $1,000 or more.
A will that you handwrite or type up yourself is called a holographic will. And it’s a really affordable option because it’s free. Yep— free! You just write down your wishes and sign them.
Software is more expensive because it gives you the template plus instructions on how to fill out the form correctly and what all the fancy legal terms mean. The good thing about templates and software is that they give you some guidance—so you’re less likely to make mistakes than if you write a holographic will.
3. The Value of Your Estate. In fact, having a big estate can change the price of your will. The more valuable stuff you own or the more money you have, the more your will is going to cost. That’s because the attorney will have to spend more time and effort making sure the will covers all your assets.
So if your state doesn’t accept your homemade will, the courts will distribute your stuff based on state laws—not your wishes. Plus, state laws are constantly changing. Even if your will follows the rules now, it could become void if the laws change or you move out-of-state.
Their will package includes four legal documents—your will, financial and healthcare power of attorney forms, and a letter of instruction—for $129. You can even add a mirror will for your spouse for just $69.
Depending on where you live and how complicated your family and financial circumstances are, a lawyer may charge anything from a few hundred to several thousand dollars for a will and other basic estate planning documents.
It's very common for a lawyer to charge a flat fee to write a will and other basic estate planning documents. The low end for a simple lawyer-drafted will is around $300. A price of closer to $1,000 is more common, and it's not unusual to find a $1,200 price tag.
Finally, some lawyers feel that a flat fee arrangement lets everyone relax and makes for a better attorney-client relationship. You won't feel reluctant to call or email with a question, and the lawyer can take the time necessary to listen to your concerns and explain things to you without feeling like the meter is running.
Lawyers like flat fees for several reasons. First, they can use forms that they've already written – most estate planning lawyers have a set of standard clauses that they have written for different situations, which they assemble into a will that fits a new client's wishes. It won't take a lawyer much time to put your document together, ...
This is good advice because every adult should have these durable powers of attorney. They give someone the power to act on your behalf (always in your best interests) if you should become incapacitated— for example, because of an accident or unexpected serious illness. These are not complicated documents, and many states have their own forms for the advance directive. But they'll probably add a few hundred dollars to the bill. (See the results of this national survey on how much lawyers charge to prepare estate planning packages .)
It's rare to see a price of less than $1200 or $1500 for a trust. One caveat: After your will has been property signed and witnessed, you're done. But after a living trust is drawn up ...
Many lawyers keep track of their time in six-minute increments (one-tenth of an hour). That means that you'll never be billed for less than six minutes' of the lawyer's time, even if the lawyer spends just two minutes on the phone with you.