Q: What are the attorney fees to probate a will in Collin County?

A: Those vary with the attorney, the type of probate and the work required. In Texas, court filing fees are set but attorneys fees are not.

A: There are several factors for your attorney to consider before he or she sets fees: whether the case is contested; whether the estate needs to be administered (debts are owed, there are assets which need to be partitioned between joint owners, etc.); the value of all the assets in the estate; whether there is an ongoing business, and so on.

I cannot speak for other probate attorneys or firms, but in my practice I see most cases fall into the following three categories:

1) Where there is no administration necessary you can expect attorney fees in the $1,000 to $2,000 range.

2) Where there is administration necessary you can expect attorney fees in the $2,000 to $5,000 range.

3) Where there is a contest between parties (there is disagreement over the validity of the will; there are multiple competing wills; there is disagreement over who the identity of the decedent's heirs) the initial deposit is anywhere from $5,000 to $20,000, depending on the value of the assets and the issues at hand. The total attorney fees in a contested case can be very difficult to estimate, but the longer the case remains contested the higher the attorney fees will be.

None of the ranges above include court costs, filing fees, service of citation, and other expenses that may be necessary to handle your case.

You should schedule an appointment with an attorney who handles probate cases in Texas. Even if he or she charges a consultation fee you would walk away with clear advice and a firm offer to consider. Keep in mind that a will needs to be probated in Texas within four years of the date of death, otherwise it gets much more difficult to have the will admitted to probate.