Lawyer Fees for Probate in South Carolina

garada3

DIS Veteran
Joined
Sep 7, 2004
Hoping someone has knowledge about how lawyers charge for probate work in SC. I have been searching the web and cannot find what I am looking for.

Is there a state regulation about how the estate of the deceased is charged for lawyers fees for probate work: hourly, flat fee or percentage of estate?

I have learned that probate can be handled without a lawyer but we live out of state so will need assistance locally.

Thanks in advance.
 
I don’t have any SC experience, but had similar questions here in Florida when my parents died. I called several attorneys with the same list of questions and then had a good idea of what I was up against and what it should cost. I ended up with a very affordable attorney who was great to work with. Best of luck to you during a difficult time.
 
I've heard it's typically a % of the estate. I paid around $4,000 for my mom's estate of around $100,000 in PA. It included redoing the deed for the house.
 



Thanks- Those are the fees associated with filing the paperwork etc with the courts. I am hoping for experience with lawyer fees for dealing with probate.

I found on line that California has regulations regarding how much lawyers can charge for the service and I was hoping to learn if South Carolina has similar regulations in place. I am thinking no, since continued research has not revealed any further information.

I was just hoping for more background knowledge before I start making calls.
 
I've heard it's typically a % of the estate. I paid around $4,000 for my mom's estate of around $100,000 in PA. It included redoing the deed for the house.

Thank you for the information.

When settling the estate of a different family member in Kansas, the decedent’s lawyer told us the lawyers fees were always a percentage. However, we just happened to learn that was not the case and ended up using a different lawyer that charged a flat fee.

Appreciate the reminder about deed transfer. I will check if that is included in the fees or a separate item.
 
I don’t have any SC experience, but had similar questions here in Florida when my parents died. I called several attorneys with the same list of questions and then had a good idea of what I was up against and what it should cost. I ended up with a very affordable attorney who was great to work with. Best of luck to you during a difficult time.


Thank you.

Calling around is my plan. I was just hoping for some background info first. Glad to know that attorney’s were willing to discuss their fees with you on the phone. Hoping that is the case today for me.

I love finding bargains and am known as the “project research” person in the family. As you well know, this is hard item to shop for.

Appreciate your thoughts.
 


When my MIL died (in CT), we paid the lawyer by the hour. Her estate was fairly complex. Also, they had estate accountants in the same office, and we utilized their services. We figured, we wanted it done right, and all they do is estates in CT. MIL died in 7/17, and things are just winding up now. We are of the opinion that, it's not about spending the least amount of money, it's about not getting unwanted surprises.
 
nolo press has an excellent book-'the executor's guide' that gives up to date, detailed information for every state. it will also educate you in what MUST be probated and what is exempt (can make a HUGE difference) and how to deal with everything.

my copy is about 8 years old but at the time of it's publishing south carolina was listed as one of the states that DID NOT have a law on the books regulating how much an attorney could charge for the probating of an estate. i would HIGHLY RECOMMEND getting an up to date copy (about $28 on nolo's site as well as amazon). before you sign w/an attorney and negotiate a fee it's ideal to have an idea of what the actual probate portion of the estate is (varies state to state but much, depending on how it's set up in bank accounts/deeds/pay on deaths may be exempt to the extent probate isn't legally required).
 
Whoever you hire make sure that they're experienced in estate work. It doesn't help to go to the least expensive person if they've never (or rarely) done estate work before as you could end up paying twice as much as they need to take time to research things (or redo things done wrong).

When MIL died SIL decided to use her attorney even though he never did estate work. It ended up taking twice as long as it should have and cost a lot more.
 

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