You just lost a parent. Now you are holding a will, a stack of bills, and a question no one prepared you for: what is it going to cost to get a lawyer to handle all of this?
Here is the part most people get wrong. In a Michigan probate, you usually are not paying the attorney out of your own pocket. The estate pays. And what the estate pays depends almost entirely on how complicated things are when the file lands on a lawyer’s desk.
So let us be straight with you about the numbers, the way attorneys actually charge, who really foots the bill, and how to tell whether a fee is fair. This is the cost question answered the way we would explain it to a friend.
The Short Answer: What a Probate Attorney Costs in Michigan
Most Michigan probate attorneys, our firm included, bill by the hour, with rates that generally run $300 to $500 per hour. For a straightforward estate, attorney fees from opening to closing typically total $10,000 to $15,000. Michigan has no law that sets a percentage fee, so what you pay tracks the work the estate genuinely requires, not a fixed slice of the inheritance.
That range moves up for contested or complex estates and down for small, clean ones. The honest answer to “how much” is always the same: it depends on the estate, not on a sticker price.
The Three Ways Michigan Probate Attorneys Charge
Before you compare lawyers, understand the three billing models you will run into. The difference matters more than most people realize.
By the Hour (the Most Common)
This is how the majority of Michigan probate work is billed, and it is how Boroja, Bernier & Associates bills probate matters. You pay for the time actually spent, at $300 to $500 per hour. The advantage is fairness in an unpredictable process: you pay for what the estate needs and nothing more. The key is transparency, so ask for an estimate up front and itemized bills along the way.
A Flat Fee
Some firms quote one price for a clearly defined scope. This works best for small, predictable estates, or for help preparing a small estate affidavit, where straightforward assistance often runs $1,500 to $3,000. A flat fee gives you certainty, but read the scope carefully. A “flat fee” almost always excludes disputes, litigation, or surprises like an unknown creditor or a missing heir.
A Percentage of the Estate
In a few states, such as California and Florida, statutes set probate attorney fees as a percentage of the estate. Michigan does not. There is no statutory percentage schedule here. A handful of practitioners use a rough rule of thumb of 4 to 8 percent of estate value, but that is a benchmark some attorneys reference, not a legal formula, and a flat percentage can badly overcharge a large but simple estate. Whatever the method, the fee has to be reasonable under Michigan Rule of Professional Conduct, and a probate judge can review it.
Michigan does not hand probate lawyers a percentage of your inheritance by statute. The fee has to be reasonable for the work, and a judge can say so if it is not.
Who Actually Pays the Probate Attorney? (Hint: Usually Not You)
This is the question that keeps people up at night, and the answer is reassuring. The estate pays the attorney. Probate attorney fees are a cost of administration, which sits at the very top of the priority ladder under MCL 700.3805. They are paid before general creditors, before most other claims, and before anything is distributed to the heirs.
In practical terms, that means the fee comes out of estate assets and reduces what the heirs ultimately receive, but in most cases no one writes a personal check. The personal representative is also entitled to reasonable compensation from the estate under MCL 700.3719(1), paid the same way.
There are exceptions worth naming. If you advance a retainer, you may front money early and get reimbursed from the estate. And if the estate is truly insolvent, payment becomes a matter between the attorney and whoever signed the engagement, because you cannot collect a fee from assets that do not exist. A good attorney will tell you which situation you are in before you sign anything.
What Drives the Cost Up or Down
Two estates of the same dollar value can cost wildly different amounts to probate. Here is what actually moves the number.
Estate size and complexity. More accounts, more property, and more moving parts mean more hours. A single bank account is simple; a dozen scattered assets is not.
Real estate, especially in more than one county. Selling or transferring property adds work, and property in multiple Michigan counties can multiply the filings and the cost.
Formal versus informal probate. Most Michigan estates proceed informally, with light court involvement and lower cost. A formal, court-supervised probate process means more hearings, more oversight, and more fees.
Disputes among the heirs. This is the single biggest cost multiplier. A will contest or a fight between beneficiaries can turn a $12,000 estate into a high five-figure litigation matter fast.
Creditor claims. Sorting out, negotiating, or challenging claims against the estate takes attorney time, particularly when the debts are large or disputed.
Business interests, investment accounts, and out-of-state property. Specialized assets often require valuations, extra paperwork, or even a separate proceeding in another state.
The shape of the records. An organized file of statements, deeds, and beneficiary forms cuts hours off the work. A shoebox of papers adds them.
The Court Fees You Pay No Matter Who You Hire
Attorney fees are only one line on the bill. The probate court charges its own costs, and these apply even if you handle the estate yourself.
It costs $175 to open the estate, which is a $150 filing fee under MCL 600.880(1) plus a $25 statewide e-filing fee under MCL 600.1986(1)(a).
On top of that, the estate owes an inventory fee tied to the value of the estate under MCL 600.871. It is calculated on a sliding scale, it cannot be waived, and you are allowed to subtract a mortgage or other encumbrance from the value of real estate when the fee is figured. Finally, publishing the required notice to creditors typically costs $150 to $250.
These court costs are separate from the lawyer. Even a do-it-yourself probate runs roughly $175 to open, plus certified copies, inventory fees and publications.
Is the Fee Reasonable? How to Tell
Michigan does not cap probate fees, but it does require them to be reasonable. Rule of Professional Conduct 1.5 lists the factors that decide it: the time and labor involved, the difficulty of the matter, the skill required, the customary fee in the area, the amount at stake and the results, any time limits, the relationship with the client, and the attorney’s experience.
You do not need to memorize that list. You need to ask good questions before you hire. A few that cut through the fog:
What is the hourly rate, and who does the work? A partner at $500 and a paralegal at $225 should not be billing the same task for the same work (paralegals are supposed to save the attorney time with work they can handle with the attorney finalizing and approving).
Can I get a written estimate and itemized monthly bills? Transparency is the difference between a fair fee and a surprise.
If it is a flat fee, what is excluded? Find out what happens if the estate turns out to be contested or more complex than it looked.
And if a fee already charged looks out of line, remember that a probate judge has authority to review it and reduce it.
How to Keep Probate Attorney Fees Down
You have more control over the cost than you think. A few things make a real difference.
Stay organized and respond quickly. Every hour your attorney does not spend chasing documents is an hour you do not pay for.
Use small estate procedures if you qualify. When the probate assets fall under roughly $50,000, a figure adjusted each year, Michigan offers simplified options that cost a fraction of a full administration.
Plan ahead so probate never happens. A funded revocable living trust keeps assets out of probate entirely, and administering a trust usually costs about half of what comparable probate costs. The cheapest probate is the one your family avoids.
Get a clear engagement letter. Knowing the rate, the scope, and the billing schedule up front prevents almost every fee dispute we have ever seen.
Frequently Asked Questions About Probate Attorney Fees in Michigan
Most Michigan probate attorneys charge $300 to $500 per hour, and a straightforward estate usually totals $10,000 to $15,000 in attorney fees from start to finish. The exact cost depends on the estate’s size, complexity, and whether anyone contests it.
Usually no. Probate attorney fees are paid from the estate as a cost of administration, ahead of creditors and before anything is distributed to the heirs. The fee reduces what the heirs inherit, but in most cases you do not pay personally.
Michigan has no statutory percentage fee schedule, unlike states such as California and Florida. Some attorneys reference a 4 to 8 percent rule of thumb, but it is only a benchmark, and any fee must still be reasonable for the work performed.
A flat fee works best for small, predictable estates because the price is certain, while hourly billing fits most other estates because you pay only for the work the matter actually requires. Always confirm what a flat fee excludes, since disputes are typically not covered.
If the estate is insolvent, fees are paid from whatever assets exist, in the priority order Michigan law sets. Beyond that, payment becomes a matter between the attorney and the person who hired them, which is why fee arrangements should be discussed before the work begins.
No. The $175 cost to open the estate, the inventory fee, and the publication cost are charged by the court and are separate from the attorney’s fee. They apply even if you handle the probate yourself.
Speak With a Michigan Probate Attorney
Losing someone is hard enough without worrying that hiring a lawyer will quietly drain the estate.
At Boroja, Bernier & Associates, we tell you up front how we bill, what your estate is likely to spend, and where we can save it money. Our attorneys help families in Macomb County, Oakland County, Wayne County, and throughout Southeast Michigan, Central Michigan, and Mid-Michigan move through probate the right way.
Before you guess at what this will cost, schedule a consultation with the Michigan probate attorneys at Boroja, Bernier & Associates, or call (586) 991-7611.
About the Author
This article was written by Daniel Boroja, Esq., a partner at Boroja, Bernier & Associates PLLC, admitted to the State Bar of Michigan in 2013 (Bar No. P77079). Daniel focuses his practice on estate planning, probate and trust administration, and elder law and Medicaid planning for Michigan families.
