Attorney Fees in PA Probate Cases: What Executors Need to Know

Key Takeaways

Pennsylvania does not have a statutory fee schedule for probate attorneys. Unlike some states that set specific percentages, Pennsylvania law simply requires that attorney fees be "fair and reasonable." This gives executors flexibility but also creates uncertainty about what's appropriate to pay.

The Johnson Estate fee schedule serves as an unofficial benchmark. A 1983 Chester County Orphans' Court case established a graduated percentage schedule that many Pennsylvania judges reference when evaluating whether fees are reasonable. While not legally binding, it's the closest thing to a standard that exists in PA probate.

Attorneys charge using three main methods: hourly, flat fee, or percentage-based. Each approach has advantages and drawbacks depending on the estate's size and complexity. Hourly rates in Pennsylvania typically range from $150 to $400+ per hour depending on the attorney's experience and location.

All attorney fees are paid from the estate, not the executor's personal funds. The estate covers reasonable legal expenses as part of administration costs. However, if fees are deemed unreasonable, the Orphans' Court can reduce them - and executors who approved excessive fees could face questions.

How Do Probate Attorney Fees Work in Pennsylvania?

Pennsylvania takes a different approach than many states when it comes to probate attorney fees. There's no statute telling you exactly what percentage an attorney can charge. Instead, the standard is simply that fees must be "fair and reasonable under the circumstances." That's the actual language from Pennsylvania law, and yes, it's intentionally vague.

The Pennsylvania Supreme Court has outlined factors that determine whether a fee is reasonable. These include the amount of work performed, the difficulty of the problems involved, the attorney's skill and experience, the results obtained, and the value of the estate. It's a balancing test, not a formula. Two estates worth the same amount might justify very different attorney fees depending on how complicated the administration turns out to be.

I've seen this play out many times with probate real estate. An estate with a single property that sells quickly might require minimal legal work. Another estate with the same value but a tangled title, liens, or disputes among heirs could require dozens of hours of attorney time. Same estate value, vastly different reasonable fees.

What this means for executors is that you have both freedom and responsibility. You can negotiate fees with your attorney, but you also need to understand what you're agreeing to and whether it's genuinely reasonable for your situation.

What Is the Johnson Estate Fee Schedule?

Since Pennsylvania has no official fee schedule, attorneys and judges often look to a 1983 case called Johnson Estate for guidance. Judge Wood of the Chester County Orphans' Court published a graduated percentage schedule in that case, and it's been referenced by courts across Pennsylvania for over 40 years.

The Johnson schedule works on a marginal rate system, similar to income tax brackets. The first portion of the estate's value is charged at a higher percentage, with lower percentages applying to higher value tiers. For estates valued at $100,000 or less, the guideline is 5%. The percentage decreases for larger estates, dropping to around 2% for portions exceeding $1 million.

Here's how it works in practice. If an estate is worth $500,000, you don't just multiply by one percentage. The first $100,000 might be charged at 5% ($5,000), the next portion at a lower rate, and so on. The total fee ends up being a blended rate that decreases as estate value increases.

But here's what many people don't realize - the Johnson schedule is not law. It's guidance. Some judges follow it closely, others use it as a starting point, and some barely reference it at all. An attorney can charge more or less than Johnson suggests, as long as the fee is ultimately "reasonable and just." The schedule matters most if someone challenges the fees and the court needs a reference point for comparison.

What Are the Different Ways Attorneys Charge for Probate Work?

Understanding fee structures helps you evaluate quotes from different attorneys and choose the approach that makes sense for your estate.

Hourly billing is common, especially for complex estates. Pennsylvania probate attorneys typically charge between $150 and $400+ per hour, with rates varying by location and experience. Philadelphia attorneys generally charge more than those in rural counties. The advantage of hourly billing is that you pay for actual work performed. The disadvantage is unpredictability - you won't know the final cost until the work is done. For estates with potential complications or litigation, hourly billing can become expensive quickly.

Flat fee arrangements provide cost certainty. The attorney reviews your estate's details and quotes a fixed price for the entire administration. This works well for straightforward estates where the scope of work is predictable. Some executors prefer knowing exactly what they'll pay. The risk is that if unexpected issues arise, the attorney may need to renegotiate or charge additional fees.

Percentage-based fees tie the attorney's compensation to estate value, often using Johnson guidelines or something similar. This is simple to calculate but can result in very high fees for large estates that don't actually require much work. A $2 million estate with straightforward assets shouldn't necessarily pay four times what a $500,000 estate pays if the legal work is similar.

The best approach depends on your specific situation. For simple estates, a flat fee often makes most sense. For complex or contested estates, hourly billing may be more appropriate. Always get the fee agreement in writing before work begins.

How Much Should You Expect to Pay for a Probate Attorney in Pennsylvania?

I get asked this question constantly, and the honest answer is: it depends. But I can give you realistic ranges based on what I see in practice.

For a straightforward estate with a will, no disputes, and typical assets like a house, bank accounts, and investments, attorney fees often fall between $2,500 and $7,500. This assumes the attorney handles standard tasks like preparing filings, advising on inheritance tax, and guiding you through how probate works.

For moderately complex estates - those involving multiple properties, business interests, or some family tension - fees typically range from $7,500 to $20,000. The additional complexity requires more attorney time for document review, negotiations, and potential court appearances.

For contested estates involving will disputes, litigation, or significant creditor issues, fees can exceed $25,000 and sometimes reach six figures. Litigation is expensive. Every court filing, deposition, and hearing adds to the bill.

These ranges are estimates, not guarantees. Your county matters - Philadelphia and Montgomery County tend to be more expensive than central or western Pennsylvania. The attorney's experience matters. And every estate has unique factors that affect the workload.

Can Beneficiaries Challenge Attorney Fees?

Yes, and it happens more often than executors expect. Beneficiaries have a right to review the estate's final accounting, which includes attorney fees. If they believe fees are excessive, they can object and ask the Orphans' Court to review them.

When a court reviews challenged fees, it considers all those factors mentioned earlier - work performed, difficulty, results, the attorney's skill, and the estate's value. The judge may also compare the fees to the Johnson schedule as a reasonableness check. If fees significantly exceed Johnson guidelines, the attorney will need to justify why the extra charge was warranted.

I worked with an executor whose attorney charged $45,000 on a $600,000 estate. That's about 7.5% - well above Johnson guidelines. The beneficiaries objected. The attorney argued the estate was complicated by a dispute over personal property and required extensive negotiations. The court reduced the fee to $28,000, finding that while some extra work was justified, not that much.

Executors can protect themselves by getting detailed invoices and keeping records of estate complications. If you later need to explain why you approved certain fees, documentation helps. It's also wise to discuss potential fees with beneficiaries early in the process so there are no surprises at the final accounting.

What Other Costs Should Executors Budget For?

Attorney fees are significant, but they're not the only professional cost in probate. Understanding the full picture helps you manage the estate budget appropriately.

Executor compensation is separate from attorney fees. Under Pennsylvania law, executors are entitled to "reasonable and just" compensation for their service. The same Johnson schedule that guides attorney fees also applies to executor compensation. Many executors take 3-5% of estate value, though family member executors sometimes waive fees entirely.

Court filing fees vary by county and estate size. Philadelphia County charges a base filing fee plus additional amounts for larger estates. Most executors pay somewhere between $150 and $500 in court costs, though this can be higher for estates exceeding $1 million.

Accounting and tax preparation fees cover the Pennsylvania inheritance tax return, final income tax returns, and sometimes fiduciary income tax returns. These typically run $500 to $3,000 depending on complexity. The inheritance tax in Pennsylvania requires careful preparation, and mistakes can be costly.

Appraisal fees may be needed for real estate, business interests, or valuable personal property. Real estate appraisals typically cost $300 to $600 per property.

Publication costs for required legal notices usually run $100 to $300.

Add these together, and total probate costs for an average estate typically fall between 3% and 7% of estate value - with attorney fees being the largest single component.

How Can Executors Keep Attorney Fees Reasonable?

You have more control over attorney costs than you might think. Being an informed, organized executor can significantly reduce legal fees.

Do the legwork yourself when possible. Gathering documents, notifying creditors, inventorying assets, and maintaining property are tasks executors can handle without paying attorney rates. The more organized information you bring to your attorney, the less time they spend on administrative tasks.

Ask for a detailed fee agreement upfront. Before hiring any attorney, get specifics in writing. If they charge hourly, ask for an estimate and request regular billing updates. If they charge a flat fee, make sure you understand what's included and what triggers additional charges.

Consider what level of help you actually need. Some executors hire an attorney for full-service representation. Others use attorneys only for specific tasks like preparing the inheritance tax return or handling a title issue. A probate guide can help you understand which parts of administration require professional help.

Communicate efficiently. Attorney time adds up quickly. Prepare questions in advance rather than calling with one issue at a time. Send organized emails instead of multiple back-and-forth messages. The less time your attorney spends on basic communication, the lower your bill.

Address problems early. Issues that fester become more expensive to resolve. If you see a potential dispute brewing or discover a complication, tell your attorney immediately. Early intervention almost always costs less than crisis management.

Frequently Asked Questions

Q: Who pays the probate attorney fees in Pennsylvania?

A: The estate pays attorney fees, not the executor personally. Attorney fees are considered a legitimate expense of estate administration under Pennsylvania law. The fees are paid from estate assets before distributions to beneficiaries. However, if an executor approves unreasonable fees and the court later reduces them, the executor could theoretically face liability for the difference. This is rare, but it's another reason to ensure fees are reasonable and well-documented throughout the process.

Q: Can I do probate without an attorney in Pennsylvania?

A: Technically yes, but proceed with caution. Pennsylvania doesn't require executors to hire attorneys, and for very simple estates with cooperative beneficiaries, self-representation is possible. However, probate involves legal filings, tax returns, and fiduciary responsibilities that create real liability if done incorrectly. Most executors find that attorney guidance - even if limited to specific tasks - prevents costly mistakes. The Register of Wills can answer procedural questions but cannot provide legal advice.

Q: How do I know if my attorney's fees are too high?

A: Compare the proposed or charged fees to the Johnson Estate guidelines as a starting point. If fees significantly exceed those percentages, ask your attorney to explain why. Legitimate reasons include estate complexity, disputes, unusual assets, or extensive court involvement. Red flags include fees that seem disconnected from actual work performed or reluctance to provide detailed invoices. If you're uncertain, you can consult with another probate attorney for a second opinion before approving final fees.

Q: When do I pay the attorney - during probate or at the end?

A: Payment timing varies by attorney. Some request retainers upfront and bill against them monthly. Others bill periodically throughout administration. Some wait until the estate has liquid funds available. Discuss payment expectations before hiring an attorney. For estates that are temporarily cash-poor (such as those where most value is in real estate that hasn't sold yet), make sure your attorney understands the timing constraints and can work within them.

Get Expert Help With Pennsylvania Probate

Understanding attorney fees is just one part of successfully administering a Pennsylvania estate. Whether you're managing executor responsibilities, selling probate real estate, or trying to understand inheritance tax obligations, having the right guidance makes all the difference.

Contact PA Probate Help to discuss your situation, or download our free Pennsylvania probate ebook for a comprehensive overview of the process.