- When a person dies, his estate must be inventoried, debts paid and the remaining assets passed down to the heirs. State laws differ, but in most cases if the estate has significant assets it must pass through probate court before the assets can be distributed.
- When a probate proceeding is opened through the court, a person is appointed to oversee the process. This person is known as the executor, personal representative or a similar name. Sometimes the executor is an attorney but they are not required to be. Likewise, the executor is not required to hire an attorney to assist them throughout the probate process, but many do when the estate has significant assets or debts.
- State laws dictate how an attorney may be compensated for probate representation. Some states, such as Wisconsin, prohibit an attorney from basing her fees on the value of the estate. On the other hand, some states require attorneys to determine fees based on the value of the estate. California, for example, statutorily dictates that an attorney will receive four percent for the first $100,000, three percent of the next $100,000 and so on.
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