Avoid Probate – Part 1 – Avoid Filing Fees

I hope the Concierge Service is top notch! 

                       In the musical Les Mis, the Innkeeper and his Wife provide levity in an otherwise serious, somber, and powerful story.  In one song, the Innkeeper gleefully recounts how his customers’ charges escalate during their stays:

“Charge ‘em for the lice, extra for the mice

2% for looking in the mirror twice

Here a little slice, there a little cut

3% for sleeping with the window shut

When it comes to fixing prices

There are a lot of tricks I knows

How it all increases, all the bits and pieces

Jesus! It’s amazing how it grows!”

            We should be mindful of the Innkeeper when filing a Probate action. The litany of Court fees would make the Innkeeper proud.  In our local Probate Court, the filing fees include Initial Filing Fee ($300); Interim Accounting ($40); Final Accounting ($40); Motions ($20 per Motion); Orders ($12); etc., etc. I am aware of Probate Courts in other jurisdictions which charge higher fees. Regardless of the Probate Court, fees are attached to virtually every action before the Court.

            The typical Probate case with no challenges or unique issues, will include about $800 to $1000 in filing fees.  These fees do NOT include attorney time, accountant fees or any other costs.  The Court filing fees represent the privilege of proceeding in the Probate Court.

            These fees can be avoided if you properly set up your estate through a Living Trust.  A Living Trust remains private with administration without the need of Court supervision, Court action, or Court fees. Avoid the Innkeeper Syndrome and all the unnecessary fees by contacting Estate Planning Attorney Michael Geiger at 901.219.5549 or at [email protected].