Probate Attorney Fees in Pennsylvania

Quick answer: Pennsylvania does not set probate attorney fees by statute. Under 20 Pa.C.S. § 3537 the fee must be reasonable and just, and attorneys and courts often use the Johnson Estate (1983) guideline as a benchmark. In practice fees run about 2% to 5% of the estate.

How Pennsylvania probate attorneys bill

Reasonable and just — often via Johnson

Because there's no fixed schedule, attorneys typically quote either a flat fee for a routine estate, an hourly rate, or a fee based on the Johnson Estate percentages (5% on the first $100,000, declining). The Orphans' Court reviews reasonableness if challenged, weighing the size of the estate, the work done, the responsibility, and the results (the LaRocca factors).

What that means in dollars

On a $500,000 estate, a Johnson-based attorney fee is about $15,000–$18,000; many routine estates are handled for less on a flat fee. It's a separate cost from the executor fee, though both often use the same guideline.

Tip: you're not obligated to hire the attorney who drafted the will — the executor chooses counsel. Always agree the fee basis (flat, hourly, or Johnson) in writing before hiring.

Do you need an attorney?

For full estate administration, effectively yes — Pennsylvania probate involves the Register of Wills, creditor advertising, the inheritance-tax return and accountings. The small-estate settlement ($50,000 or less) can sometimes be handled without one.

How to keep Pennsylvania probate attorney fees down

Agree a flat fee up front for a routine estate.
Choose your own counsel — you needn't use the will's drafter.
Keep the estate organized — a clean inventory reduces billable time.
Use the small-estate settlement where the estate qualifies.

Attorney fees are only one cost — and in Pennsylvania the inheritance tax is usually larger. See the full picture in the Pennsylvania probate cost breakdown, or estimate your total with the Pennsylvania probate cost calculator.

Pennsylvania probate attorney fees — frequently asked questions

How much does a probate lawyer cost in Pennsylvania?

Pennsylvania does not set attorney fees by statute. Under 20 Pa.C.S. § 3537 the fee must be reasonable and just, and attorneys and courts often use the Johnson Estate (1983) guideline as a benchmark. In practice fees run about 2% to 5% of the estate, or a flat or hourly fee agreed up front. On a $500,000 estate the fee is often around $15,000–$18,000.

Are executor and attorney fees separate in Pennsylvania?

Yes. The executor fee and the attorney fee are separate costs, both paid from the estate. Both use the reasonable-and-just standard and often the same Johnson Estate guideline as a starting point, so on a mid-sized estate the two can be similar in size.

What are the LaRocca factors for Pennsylvania attorney fees?

When reasonableness is challenged, the Orphans' Court weighs factors from LaRocca Estate: the size of the estate, the work performed, the responsibility assumed, and the results achieved.

Can I choose my own probate attorney in Pennsylvania?

Yes. The executor is not obligated to hire the attorney who drafted the will — the executor chooses counsel and should agree the fee basis (flat, hourly, or Johnson-based) in writing before hiring.

Is the Pennsylvania attorney fee separate from the executor fee?

Yes. The executor fee and the attorney fee are two distinct costs paid from the estate, even though both use the same reasonable-and-just standard and often the same Johnson Estate guideline as a starting point.

Estimate for general guidance only, not legal advice. Pennsylvania attorney fees must be reasonable and just under 20 Pa.C.S. § 3537; there is no statutory percentage, and the Johnson Estate schedule is a guideline. Actual fees vary. Confirm with a licensed Pennsylvania attorney.