Hiring an attorney for probate can be overwhelming. I often get asked how much families can expect to pay their attorney to go through probate in Nevada. NRS 150.060 outlines how an attorney can charge for probate.
In most cases, an attorney will charge either on an hourly basis or based on the value of the estate. This decision often depends on the complexity of the estate. If the estate is complex or there are disputes between family members, typically fees are charged on an hourly basis.
If the attorney charges based on the value of the estate, NRS 150.060(4) provides for the following compensation for ordinary probate services as follows:
“If the attorney is requesting compensation based on the value of the estate accounted for by the personal representative, the court shall allow compensation of the attorney for ordinary services as follows:
(a) For the first $100,000, at the rate of 4 percent;
(b) For the next $100,000, at the rate of 3 percent;
(c) For the next $800,000, at the rate of 2 percent;
(d) For the next $9,000,000, at the rate of 1 percent;
(e) For the next $15,000,000, at the rate of 0.5 percent; and
(f) For all amounts above $25,000,000, a reasonable amount to be determined by the court.”
As an example, if the total estate value were $300,000, the total attorney fees for ordinary services would be $9,000.00.
In addition to the compensation for ordinary services, NRS 150.061 allows an attorney to receive compensation for extraordinary services related to the estate. Extraordinary services can include services such as the sale of property, operation of a business, or litigation related to the estate.
It is always important to not only discuss the fees ahead of time with your attorney so that you can have a clear understanding as to the fees, but also to have a signed fee agreement outlining how you are to be charged.
