Probate Fee’s - Las Vegas Probate Lawyer

Las Vegas probate attorneys’ fees in estate matters must be approved by the Probate Court. The Court has wide discretion in awarding fees to probate lawyers in Las Vegas, but the fees must be reasonable. Las Vegas probate attorneys must file a petition with the court requesting their fees and give notice of the hearing to all interested parties. However, Nevada statutory provisions state that probate attorneys for personal representatives are entitled to reasonable compensation for their services, which are to be paid out of the decedent’s estate. The statutes also provide that probate attorneys in Las Vegas are required to have an agreement with the personal representative regarding fees and costs, although at times they fail to reduce the agreement to writing.
Ordinarily, the court will approve Las Vegas probate attorneys’ fees as requested in the petition. However, if an interested party objects to the fees or the court views the requested fees as unreasonable, the fees must be independently reviewed by the court for reasonableness based upon consideration of all of the factors set forth in Nevada Rule of Professional Conduct 155. The nature of the particular probate case in Las Vegas is reviewed with respect to the rule.
Considerations in the Nevada Rules of Professional Conduct are: (1) The time and labor required of the probate case in Las Vegas, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the probate lawyer Las Vegas; (3) The fee customarily charged in the locality for similar legal services in a probate case in Las Vegas; (4) The amount involved and the results obtained by the probate lawyer; (5) The time limitations imposed by the client or by the circumstances; (6) The nature and length of the professional relationship with the client; (7) The experience, reputation, and ability of the probate lawyer in Las Vegas performing the services; and (8) Whether the fee is fixed or contingent.
The above explanation addresses only a small part of the rules, statutes, and case law surrounding Las Vegas probate attorneys’ fees in probate matters. Several new statutes went into effect on October 1, 2009. In addition, fee agreements between probate lawyers in Las Vegas and estate administrators are based on either an hourly rate or a percentage of the value of the estate. More on probate attorneys’ fees later.