When you begin probate, you may be asking questions like:
- “How much will an attorney cost?”
- “Do I have to pay upfront?”
- “What kinds of fees will I have to pay?”
In Tennessee, the answers will depend on a variety of factors, including the attorney’s fee structure, the complexity of the estate, and the county where the case is filed. Additionally, it’s important to understand that many fees are often paid directly from the estate assets. Understanding these fees and other probate expenses will help you plan for the process and reduce your stress along the way.
What Percentage Does a Probate Lawyer Get for Settling an Estate in Tennessee?
There are a few different ways probate attorneys charge clients for their services legal matters.
Retainer-Based Fees: First, most probate attorneys will require an upfront deposit paid at the beginning of the case. The attorney then bills against the retainer as they work on your case. If the retainer runs low, you may be asked to replenish it. Due to the wide span of estate complexity, geographical location, and attorney experience, retainer fees can be from as little as $3,000 to well over $20,000.
Hourly Billing: Many probate attorneys charge by the hour. For most attorneys in Tennessee, hourly rates typically range from $200 to $400 per hour. Again, these fees are based on the lawyer’s experience, geographical location, and the complexity of the case.
Flat Fees: For uncontested probate matters, some attorneys offer a fixed total amount for the entire case. Like retainer fees, flat fees vary widely depending on the estate and the tasks required. This method of payment provides cost predictability for clients with straightforward cases.
Contingency Fees (Rare): Arrangements where the attorney only gets paid if funds are recovered and the case is “won” are rare in probate. They may occasionally be used in probate litigation, such as a will contest or asset recovery case. In those situations, the attorney may receive a percentage of the amount recovered. But in general, contingency fees for uncontested probates are not favored.
Our pricing is transparent and reasonable. Contact our team to discuss costs for your specific situation—we offer flat fees and hourly rates.
Probate Court Approval And The “Reasonable Fee” Rule
Unless all parties agree on the fee, attorney fees paid from estate assets must be submitted to the probate court for approval. The court may require an itemized statement an affidavit of attorney fees, especially when there’s a real chance that beneficiaries will challenge the amount. The court may reduce or even deny a fee request if it finds the fee excessive or unjustified.
It’s also important to understand that all legal fees in Tennessee are required by law to be reasonable. This principle is codified in Rule 1.5 of the Tennessee Rules of Professional Conduct, which applies to all attorneys in the state. That rule lists several factors used to assess the reasonableness of a fee, including:
- Time and labor required
- Complexity of the case
- Skill necessary for the legal service
- Customary fees in the area
- Amount involved and results obtained
- Experience and reputation of the lawyer
- Whether the fee is fixed or contingent
If a probate attorney’s fee is challenged in court, these factors will help determine whether the fee should stand or be reduced.
Do You Have to Pay a Probate Attorney Up Front? Tennessee Probate Costs
Court Filing Fees: Each Tennessee county sets its own filing fees. As an example, let’s look at some court filing costs that may come up in a probate case in Nashville, Davidson County, Tennessee as of 2025:
- Petition for Letter of Administration: $289.50
- Petition to Probate Will: $289.50
- Petition to Probate for Muniment of Title only: $284.50
- Small Estate Affidavit with Will: $105.50
- Small Estate Affidavit without Will: $100.50
- Filing a Claim Against an Estate: $11.00
- Petition for Conservatorship or Guardianship: $219.50
- Trust Matters: $284.50
- Filing Unprobated Will: $7.00
- Filings with no fees: Notice of Hearing, Affidavit (Notice to Beneficiaries), Inventory
As you can see, court costs typically run just under $300.00 to open a full estate or a little over $100 for a small estate. Keep in mind that court filing fees are subject to change, and you must check with the appropriate court or your attorney to verify the most recently updated filing fees.
Executor or Administrator Fees: Under Tennessee law, the personal representative in a probate case is allowed to receive “reasonable compensation” for his or her services. This amount is also subject to court approval. It is often calculated as a small percentage of the estate or based on time spent administering the estate. Personal representatives would do well to keep track of their time and expenses if they plan to seek a fee for their services.
Appraiser and Accountant Expenses: If an estate includes real estate, a business, or other valuable personal property, an appraiser may be necessary. Their fees vary based on the type of asset and location. Likewise, an accountant may be required to prepare tax filings or provide financial advice during estate administration.
Publication and Administrative Costs. There are various other expenses associated with probate. For instance, Tennessee law requires publication of a Notice to Creditors in a local newspaper, which will require a fee. Other sources of administrative costs include notarization, certified mail, postage, document recording, storage of assets, sale of property, and property maintenance or insurance while the estate is open.
Schedule a Free Probate Consultation with Crow Estate Planning & Probate
If you choose to retain an attorney, you should speak with him or her early on to set expectations for fees and costs. A clear fee agreement can help avoid surprises and ensure the estate is administered as smoothly as possible. If you have questions about hiring a probate attorney in Tennessee, we’d be happy to walk you through the process. For more information, contact Crow Estate Planning & Probate today to schedule a free consultation at any of our 5 locations.
“I honestly thought the process was going to cost a small fortune, but I was pleasantly surprised by how reasonable the pricing was.” — Sarah Pichardo