Probate Attorney's Fees

The probate process in New Jersey can be difficult and time consuming. Thus, an executor or personal representative appointed to administer an estate is strongly encouraged to hire an experienced probate lawyer.  

In New Jersey, a probate attorney’s fees are paid out of the estate's funds.  New Jersey has not applied a statutory formula to the calculation of a probate attorney’s fees. In fact, some judges have suggested attorney’s fees based on a percentage of the estate cannot be imposed. Ultimately, in New Jersey, an appropriate estate attorney’s fee must be “reasonable” based on a multitude of factors.


The factors that a Superior Court judge will consider to determine whether or not an estate's attorney’s fees are reasonable include:

  • the amount of the estate and the amount thereof in dispute or jeopardy as to which professional services were made necessary;
  • the nature and extent of the jeopardy or risk involved or incurred;
  • the nature, extent and difficulty of the services rendered;
  • the experience and legal knowledge required, and the skill, diligence, ability and judgment shown;
  • the time necessarily spent by the attorney in the performance of his services;
  • the results obtained;
  • the benefits or advantages resulting to the estate, and their importance;
  • any special circumstances, including the standing of the attorney for integrity and skill; and
  • the overhead expense to which the attorney has been put.

In re Bloomer’s Estate, 37 N.J. Super. 85, 94 (App. Div. 1955).

Disclaimer:  This article is provided as a courtesy by the law firm of Shapiro Croland Reiser Apfel & Di Iorio LLP.  It is not intended to create an attorney-client relationship between any user of this website and Shapiro Croland Reiser Apfel & Di Iorio LLP.  Further, laws are frequently updated and modified by the New Jersey legislature. Shapiro Croland Reiser Apfel & Di Iorio LLP makes no representation as to the accuracy of any law cited or quoted on this website.

© 1997 - 2024 Shapiro Croland Reiser Apfel & Di Iorio LLP. All rights reserved. - powered by EggZack