What should probate cost in Oklahoma with a non-contested will. There are many variables, so how about a range from best to worst case
Since you did not give any information as to the approximate value of the estate, how estate assets are held, etc., it is difficult to give you a ballpark answer. I am not admitted in Oklahoma but the usual attorney's fee for probateing an estate is anywhere from 3% to 7%. The difficulty in probating the estate is also taken in to account by some judges. I have located the following information from the state's bar association:
"All determinations are made by the district court judge, without a jury, including the payments of debts, attorney and personal representative fees and ordering the final distribution of the estate assets.
Three sources of expenses that arise in connection with the administration of the estate, other than property management expenses, are court costs, estate and inheritance taxes, and attorney and personal representative fees.
District court costs are based on a schedule of charges made for each matter handled by the court.
Federal estate taxes are charged against estates in excess of $2,000,000 for 2008. Under the 2001 Tax Relief Act, this amount increases as follows for the ensuing years:
|2010||No Estate Tax|
In 2006, the Oklahoma Legislature passed a law phasing out Oklahoma’s estate tax with total repeal effective January 1, 2010. Depending on the size of the estate, there may still be Oklahoma estate taxes due for individuals who died before that date.
Oklahoma estate tax exemptions are shown below:
|2010 and after||No Estate Tax|
In most cases there are no federal or Oklahoma estate taxes on property passing to the spouse. Life insurance owned by the decedent is subject to tax under both the federal and state estate tax laws. Attorney fees are based upon reasonable charges necessary to provide appropriate compensation to the attorney, considering the scope and extent of services rendered and responsibilities assumed. The personal representative is allowed a fee, fixed by law, based on a percentage of the probated estate. Fees for attorneys and personal representatives are subject to the approval of the district court.
Some property may not be included in the probate estate, such as life insurance, pension and/or profit sharing benefits, trust property and property held in joint tenancy; but this property is still generally subject to estate taxes. However, proper transfer of these assets may require considerable effort on the part of your attorney."
You should interview attorneys who probate estates to see what they will charge. You have a right to shop around.