The actual costs and fees will depend upon the size of the estate, the nature of your assets, and the attorney that you retain to represent the estate. Additional issues may arise that could increase the cost of administration, including will contest, estate tax audits, or the transfer of difficult assets such as closely held family businesses, or out of state real estate. Attorneys will either charge an hourly rate or a percentage of the estate as their fee.

Additional Information on Statutory Fees

Lawyers charge fees for their services under three different formats.  They are hourly rates, fixed fee rates, and percentage of the estate rates.  Which structure is appropriate depends on a number of factors.  These factors include the identity of the beneficiaries, the complexity of the estate, the risk of will contest and litigation, the size of the estate, and whether it or some part of the estate will go through probate.  Generally, it is less expensive to administer an estate that does not go through Probate Court.

The State of Ohio created a fee guide line for Probate administration. Local courts also set fee guidelines, review fee applications, and handle fee disputes.  In general the fee guideline under Ohio law is:

• 5.5% of the first $50,000
• 4.5% of the next $50,000
• 3% of the next $300,000
• 2% of everything over $400,000
• 1% of assets not going through Probate

When engaging an attorney for a probate matter get a clear understanding for how the attorney will be charging a fee, what is included in that fee, and what is not included and how that will be charged.  Many local Probate Courts require a written fee agreement.  It is good practice to have a written fee contract so there is no dispute which could hold up the distribution of the estate or cost the estate additional fees and time in sorting it all out.

• One month – file the will and have the fiduciary appointed (i.e., the fiduciary is called an executor if there is a will, or an administrator if there is no will)
• Three months – will contest period ends and the inventory is filed
• Six months – creditors must make claims or else their claims are barred
• Nine months – estate tax returns are due
• Six months to one year (or more) – make final distributions to the heirs and file the final account

For a detailed list of due dates and a typical timetable, see:

http://www.probatect.org/services/instructions/pdf/fullAdministrationInstruct.pdf

• File the will with the probate court
• Send notice of the filing of the will to all persons listed in the will and those who would inherit if there was no will or the will was invalid
• Have the executor (or administrator when there no will) appointed.  Once appointed, the Probate Court issues a court order called “Letters of Au­thority”
• Appraise and value the assets
• File an inventory listing the assets in the probate es­tate
• Send notice of the filing of the inventory to the heirs
• Have a hearing if any beneficiaries object to the in­ventory
• Sell assets as needed to pay debts
• Resolve will contests, if any
• Resolve creditor claims, if any
• File estate tax returns
• Transfer and distribute assets to the heirs
• File a final account showing all distributions from the estate

• Notify family members, friends, church, and next of kin.
• Meet with the funeral home to make the necessary funeral arrangements.
• Locate the will to determine who is listed as the executor of the estate and whether any funeral instruc­tions have been included in the will or attached to the will.
• Locate and secure assets.  Change the lock on the house if others have keys and make sure neighbors watch the house.
• Contact the attorney who drew up the will or find an attorney if there is no will.

The administration of an estate through probate or otherwise requires special skills.  The process requires accounting skills, forensic accounting, valuation skills, litigation skills, federal, state, and local income tax knowledge and estate tax knowledge.

An estate attorney needs to have a strong working knowledge in tax laws, IRA distribution rules, knowledge of investments and finances, and an in-depth knowledge of property and real estate law.  There is also skill required in family counseling and negotiating.  Most attorneys, who practice in the area of estate planning and estate administration, spend a significant amount of time in the area.  Therefore, you want to look for an attorney who has experience in probate and estate administration.

A good starting point is to look to the attorney who drafted the will.  Sometimes, the attorney who did the original will is no longer practicing.  Other times, the will was prepared by a family lawyer as a part of a divorce, but that attorney does not administer estates.  Fifty percent of the people who die in the State of Ohio, die without a will.  In those cases, there is no prior relationship with an attorney.  Many families are starting from scratch when it comes to finding an estate attorney.

The sources to find an attorney to probate an estate or administer an estate are as follows:

• Contact Us: If you are in Hamilton County, Butler County, Clermont County or Warren County.
  
• Local Bar Association – Lawyer Referral Service
• Referral from a CPA, financial advisor, or your bank.

First, if you are trying to understand the areas of estate planning, probate, estate administration, and estate taxes, this site will inform you on the need to plan your estate in advance.

Second, you have lost a loved one and you have to face the estate administration process at this time.  This site will educate you as to the steps, rules, and issues related to estate administration.  This site can also help you find an attorney who can help you with the process.