Dealing with probate isn’t exactly anyone’s idea of fun – especially when you’re also trying to figure out how much it’s all going to cost.
If you’re wondering how much a probate attorney charges, you’re not alone.
The truth is, pricing can vary quite a bit depending on the situation.
In this post, we’ll shed some light on how much does a probate attorney cost in Virginia, and the factors that affect the final cost. We’ll also break down our probate services and prices.
How Much Does A Probate Attorney Cost?
Most probate attorneys charge around $200 and $400 an hour in Virginia. Some might offer flat-rate packages for simpler estates, which usually fall in the $3,000 to $7,000 range.
If an estate is more involved, like if there’s property, lots of assets, or legal conflicts, your costs can climb higher.
Some attorneys also charge a percentage of the estate, but that’s not as common in Virginia as in states like California. You might run into it if the estate is big or if the attorney is handling everything from start to finish.
Also Check Out Our Probate Services in Richmond
Factors That Affect The Cost Of A Probate Attorney
The exact cost of a probate attorney depends on a bunch of different things, from how organized the estate is to how many family members want to argue.
Here’s what really makes the difference:
#1 Size And Complexity Of The Estate
This is probably the biggest factor.
If you own a small, simple estate with a house, a bank account, and a single heir, the attorney’s work is limited and everything moves quickly. But if the estate includes multiple properties, investment accounts, business interests, or out-of-state assets it’s going to be more expensive.
More moving parts = more time = more legal fees.
If everything’s laid out neatly and organized, it cuts down on hours. But when there’s missing paperwork, weird titles, or assets nobody knew about, things can drag out fast.
Also Read: How much does it cost to set up a trust?
#2 How The Probate Attorney Charges
Every attorney has their own system.
Some charge by the hour. You’ll get billed for every email, call, document review, and court appearance. This works well for more complicated estates that need a lot of back-and-forth.
Others might offer a flat rate. That’s usually the case when the estate is super simple and there’s a clear idea of how much work it’ll take.
And then there’s the percentage-based model. It’s less common in Virginia but still possible. For example, an attorney might charge 3% of an estate’s total value. So if the estate is worth $300,000, that’s a $9,000 fee.
Sounds steep, but it could include handling everything start to finish.
Each setup has its pros and cons. It really comes down to how the estate looks at the beginning.
#3 Whether There’s A Will
This is another big factor that affects how much a probate attorney costs.
If the person who passed left a clear, up-to-date will, the probate process usually goes a lot smoother. The attorney can follow the instructions laid out in the will, and the court has a clear roadmap.
But if there is no will, things can get messier.
The court has to figure out who gets what, based on state law. And if anyone disagrees—or thinks they should’ve been included—it adds more steps (and more costs).
Even if there is a will, problems can still pop up if it’s vague, outdated, or wasn’t signed correctly.
#4 Family Disputes Or Legal Challenges
This is where things can really go sideways.
Sometimes, families get along just fine and probate is a pretty easy process. Other times… not so much. One sibling thinks the other is hiding assets. An estranged relative shows up claiming they deserve a cut. Or someone decides the will is invalid and wants to challenge it.
Any kind of dispute drags things out and racks up legal hours fast. Attorneys might need to go to court, bring in experts, or prepare a formal defense.
Even simple arguments can cause big delays. And every extra hour means more money spent.
Also Read: Can A Power Of Attorney Cash A Check After Death?
#5 Executor’s Experience
If the person handling the estate (the executor) knows what they’re doing, the whole process moves quicker, and your cost will be cheaper.
A good executor keeps track of paperwork, responds to emails, follows deadlines, and makes the attorney’s life easier. But if the executor is disorganized, overwhelmed, or just doesn’t want to deal with anything, the attorney might have to step in more often, and that adds to the bill.
Some attorneys even end up doing tasks the executor is supposed to handle—just to keep the case moving forward.
#6 Debts And Taxes
This is another thing that affects the cost of probate attorneys.
If the estate owes money—like credit card bills, medical expenses, back taxes, or a mortgage—the attorney has to help sort all that out.
They might need to negotiate with creditors, sell property to pay off debt, or work through tax filings. And if the estate owes federal estate tax (which usually only happens with really large estates), that’s another layer of paperwork.
Basically, the more financial loose ends there are, the more time the attorney will spend tying them up which means more fees.
#7 Court Requirements
Finally, the court itself can affect how much you pay your probate attorney.
Some probate courts are quick and efficient. Others require extra filings, in-person hearings, or specific formats that slow everything down.
In Virginia, probate is handled through the circuit court in the county where the deceased lived. Some courts are faster and easier to deal with than others. If you’re lucky, you get a smooth clerk and fast turnaround. If not, delays can stretch things out—and that means more hours billed.
Also, keep in mind that court filing fees, publication costs, and document fees are separate from the attorney’s fees. Those are usually small, but they can add up.
Bottom Line
Hiring a probate attorney in Virginia can cost around $200 – $400 an hour. Depending on how complicated the estate is, it could take your attorney anywhere from 10 – 50 hours to complete your case.
Your best bet is to call a local probate attorney and ask upfront. Most are happy to give you a ballpark range once they know the basics.
Just be clear about what’s going on, and don’t be afraid to ask what’s included in their pricing.
Disclaimer: This material is intended for general information purposes only and does not constitute legal advice. Responses to inquiries, whether by email, telephone, or other means, do not constitute legal advice, nor do they create or imply the existence of an attorney-client relationship.