Estate Law Questions? Ask an Estate Lawyer.
Are you asking how the Executor's fees are determined?
Or how the attorney's fees for assisting the Executor are determined?
Ok, well this would depend on the attorney. Some attorneys will charge a flat rate per hour, normally $200-300 or higher. Others will enter into an agreement to charge a flat percentage of the estate gross value, normally 2-3%. Some will charge a tiered rate, similar to what the Executor will charge (5% on the first $100,000 in the estate, 4% on the next $200,000, 3% on the next $700,000, 2-1/2 % on the next $4,000,000 and 2% on any amount above $5,000,000). In New York, there is no mandatory legal fee schedule to be followed
But no, whatever fee the attorney charges is set by the attorney unless the court appoints an attorney to oversee the estate. If the court appoints the attorney, the court sets what it believes to be a reasonable per hour rate.