Quick answer: New Jersey sets no statutory attorney fee schedule. Fees must be reasonable under the RPC 1.5(a) factors and, when paid from the estate, are supported by an affidavit of services under Court Rule 4:42-9. Attorneys bill hourly or a flat fee; a simple estate often runs a few thousand dollars.
How New Jersey probate attorneys bill
Reasonable under RPC 1.5(a) — no schedule
Because there's no fixed percentage, attorneys quote an hourly rate or a flat fee for a routine estate. If the fee is paid from the estate in a probate action, it must be justified by an affidavit of services addressing the reasonableness factors (time, complexity, skill, results). A beneficiary can challenge a fee that looks excessive.
Do you need an attorney?
For a formal estate through the Surrogate's Court, it's advisable — New Jersey has specific inheritance-tax filings (Form IT-R, L-8, L-9) and deadlines. The small estate affidavit ($50,000 spouse / $20,000 heir) can often be handled without one.
How to keep New Jersey probate attorney fees down
- Agree a flat fee up front for a routine estate, in writing.
- Keep organized records — a clean file cuts billable time.
- Handle the inheritance-tax forms early to avoid the 8-month deadline and 10% interest.
- Use the small estate affidavit where the estate qualifies.
Attorney fees are only one cost. See the full picture in the New Jersey probate cost breakdown, or estimate your total with the New Jersey probate cost calculator.