PROBATE

Who pays probate costs and attorney fees?

By Steve Lockhart

The short answer

Every cost of running probate is an expense of the estate itself.

Full answer

Every cost of running probate is an expense of the estate itself. The court's filing fees, the probate attorney's fees, the personal representative's compensation, the appraisal of the house, the title and closing costs, even the costs of keeping the home insured and the utilities on while the estate runs, all come out of estate funds. That is the law's design: the estate pays its own way, and the heirs receive what is left after the estate's debts and expenses are settled.

Nevada sets the personal representative's compensation on a statutory schedule, a percentage that steps down as the estate's value grows, and the attorney's fees must be reasonable for the work. Both are approved as part of the administration, and the court's final accounting puts them in writing where everyone can see them. That transparency is one of probate's better qualities.

For families this is usually a relief and a surprise at once. Relief, because nobody is writing personal checks for the attorney or the court. Surprise, because it means the inheritance is the net figure, after the estate's costs. The house often matters twice: its sale proceeds may be the main fund that pays the estate's bills, and its net value is the top of the inheritance. Understanding that order keeps every expectation honest.

A note about legal guidance: Steve is a licensed Realtor, not an attorney or a tax advisor. Probate, estate, and related tax questions involve Nevada law and IRS rules, and the specifics of your situation deserve a review with a probate attorney and a CPA who know your case.

Go a little deeper

Frequently asked

Questions people often follow up on

Does the family pay anything out of pocket?

In a normal administration, no. Court costs and fees are paid from estate assets. There can be practical expenses early, such as securing the property or keeping utilities on, which the estate should reimburse with proper records.

How is the personal representative paid?

Nevada uses a statutory schedule based on the value of the estate, and the fee is an expense of administration paid from estate funds. It must be reasonable and is reported in the accounting.

What happens if the estate has no money and no house?

If there are no assets to administer, the family should talk with a probate attorney about how to close the matter without administration. In some cases the court will not require a full probate for an estate with nothing to distribute.

The Lockhart Method

Your Home | My Strategy | Proven Results

My strategy: show the net before the sale, not after. I build an early picture of the mortgage payoff, the selling costs, and the estate's likely expenses so the family sees what the house can actually deliver, and the personal representative can budget the administration around a real number.

Schedule a Consultation