Quick answer: Washington probate attorney fees are not set by a statutory percentage. Under RCW 11.48.210 they must be just and reasonable and are subject to court review. Fees are usually hourly; a routine nonintervention estate is moderate, while contested estates cost far more.
How Washington probate attorneys bill
Hourly for most estates
Because Washington uses a reasonableness standard rather than a percentage, most attorneys bill hourly (commonly $300–$500/hour in Seattle, Tacoma and Spokane). A straightforward nonintervention estate — where the court barely gets involved — keeps hours low.
Court review of fees
Washington courts actively review fees for reasonableness. In the leading case, Estate of Larson (1985), the court examined an attorney's fee in a nonintervention estate and confirmed that even self-set fees must meet the just-and-reasonable standard. Keep detailed time records.
Do you even need an attorney?
Washington does not strictly require a lawyer, but the process is markedly easier with one — and essential if estate tax is owed. Consider one when:
- The estate is large or includes real property or a business.
- The estate is above the $3M estate-tax exemption (the return is technical).
- Heirs disagree, or the will may be contested.
- You want nonintervention powers handled correctly.
How to keep Washington probate attorney fees down
- Use nonintervention administration — far fewer billable court steps.
- Check the small estate affidavit first ($100,000 personal property).
- Organize the inventory before meeting the attorney to cut hours.
- Plan ahead for the estate tax if the estate is near or above $3 million.
Attorney fees are only one piece. See the full picture in the Washington probate cost breakdown, or estimate your total with the Washington probate cost calculator.