Kentucky Attorney Fees Wills   Probate

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Former Kentucky Assistant County Attorney

The attorney fees for a will probate in Kentucky are reviewed and set by the probate Court.  Attorney fees in Kentucky are based on the skill and expertise of the attorney and the amount of the work to be done.  Persons that are interested in the estate can challenge the amount of the attorney fee, however an attorney is also allowed to charge for explaining and accounting for his fee.   In Kentucky attorneys are allowed to charge only one fee in a wills case even if he is the attorney for the estate and the personal representative.  

A personal representative is not required to hire an attorney in a Wills or Trusts case but executors are far better off if they do hire an attorney.  You may have to appear in court and a non attorney that has no interest in the estate cannot appear in probate court and file petitions required by probate Court.  Such conduct is the unauthorized practice of law and may have criminal and civil penalties.  Even bank trust departments cannot file petitions or appear in court without an attorney.

Some matters can only be done by attorneys.   Attorney Fees often include a flat minimum fee plus a percentage of the Will's estate.  For example an attorney fee may be 500 dollars plus 7 per cent of the Will's estate.  Other attorney fees may be based completely on hourly rates. Recently, attorney fees in will cases was reported by the Courier Journal to range from 200 to 350 per hour.   Attorney fees vary based on attorney skill, time involved, urgency of the matter,  and the complexity of the case.  Often attorney fees for wills matters are a little higher because the responsibility and liability is so important.  Simply put you tend to get what you pay for.  The costs of an attorney often outweighs the time trouble and expense of not having one. 

This is an advertisement for the Kentucky Trusts and Wills Manual.  This is not legal advice.  Only an attorney should advise you about your individual legal problems.  It is for informational purposes only. You can download the Wills and Trusts Manual for free . 

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