How are personal representative/attorney fees determined throughout the Probate process?

Personal representative fees will be determined in one of five ways:
  • The fee is as stated in the will
  • The fee is determined in a contract between the personal representative and the decedent
  • Agreed upon between the personal representative and whoever is paying their fees (ie. Beneficiaries)
  • The amount presumed to be reasonable as calculated under the law, if the amount is without objection
  • Determined by the judge
The personal representative’s attorney’s fees will be determined in one of three ways:
  • As agreed upon by the attorney, the personal representative, and the persons paying the fee
  • The amount presumed to be reasonable as calculated under the law, if the amount is without objection
  • Determined by the judge