Quick answer: New Hampshire does not set probate attorney fees by a statutory percentage — there isn't even a statute on point. Under Circuit Court, Probate Division, Rule 88, fees must be reasonable for the work, responsibility, and risk involved, and the court approves them. New Hampshire attorneys most commonly bill hourly. Estimate the whole picture in the New Hampshire probate cost calculator.
A court rule, not a statute
Rule 88: covers both the administrator's fee and the attorney's fee in the same sentence — both "subject to the approval of the court" and "reasonable for the work, responsibility, and risk involved." There is no percentage schedule, and unlike most states, there isn't even an RSA statute behind it; the standard lives entirely in this court rule.
How New Hampshire probate lawyers bill
- Hourly — the most common method; the court reviews time and reasonableness.
- Flat fee — for a routine estate using Waiver of Administration or Summary Administration.
- Percentage of estate value — by agreement in some cases; reported figures often fall in a rough 2%–4% range, but this is a market pattern, not a court-set rate.
No fixed schedule: whatever the billing method, the Probate Division reviews the fee for reasonableness — there is no percentage to fall back on.
Facing probate in New Hampshire?
Talk to a New Hampshire attorneyA local probate attorney can review your estate — many offer a free consultation.
Questions to ask before hiring
- Do you bill hourly, flat, or as a percentage — and what's your estimate for an estate like mine?
- What does the Probate Division typically approve for a similar estate?
- Does this estate qualify for Waiver of Administration, given who's serving and who consents?
- Will a personal bond suffice, or does the estate need a corporate surety bond?
Ways to reduce legal fees
- Waiver of Administration — drops the inventory, bond, and accounting, usually far less attorney time.
- Summary Administration — skips the final account once everyone consents.
- Stay organized — a clean inventory cuts billable hours.