Personal representatives must give up their time to oversee estate administration. Their careers and families may not receive the attention they usually do when there are pressing asset management or court matters to address.
Estate administration can reduce income levels and strain personal relationships. It can also lead to legal controversies. When beneficiaries or other interested parties claim that a personal representative did not fulfill their fiduciary duty, probate litigation may follow.
In those cases, personal representatives need legal representation. How do they pay for an attorney’s time?
The estate usually pays for their lawyer
Most people would not agree to serve as a personal representative if they had to personally absorb the cost of hiring a lawyer. Legal guidance is frequently necessary to ensure adherence to state statutes.
Especially in cases involving legal controversies, personal representatives may require the advocacy of an experienced probate lawyer. Typically, the estate itself covers all of the costs of administration, including attorney fees incurred by the personal representative.
The only real exception to that rule is in cases involving misconduct on the part of a personal representative. If the courts find that they acted in bad faith, then they may ultimately be responsible for the cost of their own representation. For those who simply try to fulfill their responsibilities and require legal guidance, relying on the estate to pay for an attorney is standard.
Learning more about the probate process and the protections available for personal representatives can help people feel comfortable about administering an estate. The estate typically pays for probate costs and attorney fees, allowing personal representatives to avoid direct financial responsibility for this resource.