how to find a probate lawyer in brevard county, florida

Full Answer

How do I hire a probate attorney in Brevard County Florida?

Use FindLaw to hire a local probate & estate administration lawyer to ensure that the estate is administered and probated according to probate law. Need an attorney in Brevard County, Florida? FindLaw's Lawyer Directory is the largest online directory of attorneys.

What can a probate attorney do for me?

If you are the executor of an estate, a probate & estate administration attorney can help. Probate & estate administration attorneys handle succession issues and can help you navigate court processes, payment of the deceased person's debts, distribution of property according to the will or estate plan, and probate litigation.

How do I know if probate is necessary?

The most relevant factor in determining if a probate is necessary, is assessing if there are any probate assets, as oppose to non-probate assets. Probate assets are those titled in the sole name of the decedent, and do not have a beneficiary designation or POD feature.

How much does it cost to hire a probate lawyer in Florida?

Estimating the Cost to Hire a Florida Probate Attorney Florida statutes set forth what are considered reasonable fees for Florida probate attorneys at the following rate: $1,500 for estates up to $40,000. $2,250 for estates between $40,000 and $70,000. $3,000 for estates between $70,000 and $100,000.

Do you need a lawyer for Florida Probate?

Do I Need a Lawyer for Florida Probate? Yes, in almost all cases you will need a Florida Probate Lawyer. Except for “disposition without administration” (very small estates) and those estates in which the executor (personal representative) is the sole beneficiary, Florida law requires the assistance of an attorney.

How much does simple probate cost in Florida?

According to the Florida probate code, reasonable fees are as follows: $1,500 for an estate valued at $40,000.00 or less. $2,250 for an estate valued at $40,000.01 to $70,000.00. $3,000 for an estate valued at $70,000.01 to $100,000.00.

How much does it cost to probate a house in Florida?

For estates between $40,000 and $70,000: $2,250. For estates between $70,000 and $100,000: $3,000. For estates between $100,000 and $900,000: 3% of the estate's value. For estates between $1 million and $3 million: 2.5%

Who decides if probate is needed?

Whose responsibility is it to get probate? If the person who died left a valid will, this will name one or more executors, and it is their responsibility to apply for probate. If there isn't a will, then inheritance rules called the rules of intestacy will determine whose responsibility it is to get probate.

Can you deal with probate yourself?

If you're worried about making mistakes with the forms but are happy to deal with the estate admin yourself, an Essential Probate (grant-only) service may be the best option for you.

What is exempt from probate in Florida?

Assets exempt from probate in Florida include home furnishings in the main residence, up to $20,000 in value; two motor vehicles if in the decedent's (deceased person's) name and were used regularly (each not weighing more than 15,000 pounds); tuition programs that are qualified under the IRS Code, Section 529; and ...

Do all estates have to go through probate in Florida?

Do all estates require probate? – All estates do not go through probate in Florida. If a person passes away without a will or trust and has assets in their name ONLY, then probate is required to distribute property and monies.

How do you probate a will without a lawyer?

How to probate a will without a lawyer1) Petition the court to be the estate representative. ... 2) Notify heirs and creditors. ... 3) Change legal ownership of assets. ... 4) Pay funeral expenses, taxes, debts and transfer assets to heirs. ... 5) Tell the court what you have done and close the estate.

How long does the probate process take in Florida?

6-9 monthsThe formal probate administration usually takes 6-9 months under most circumstances - start to finish. This process includes appointing a personal representative (i.e., the "executor"), a 90 days creditor's period that must run, payment of creditor's claims and more.

How long do you have to file probate after death?

So, how long do you have to file probate after death? If a Will nominates an Executor, then the Executor has 30 days from the date of the Testator's death. They must present the Will to the Court and ask to file a Petition to open probate.

What assets are subject to probate in Florida?

Probate assets include, but are not limited to, the following:A bank account or investment account in the sole name of a decedent.A life insurance policy, annuity contract, or individual retirement account payable to the decedent's estate.More items...

Goldman, Monaghan, Thakkar & Bettin, P.A

Your Attorneys For Life ‘Our Philosophy is Simple: Serve the Client‘ Contact Us Today for Your Free Consultation.

Need help with a Probate & Estate Administration matter?

You've come to the right place. If you are the executor of an estate, a probate & estate administration attorney can help.

Need an attorney in Brevard County, Florida?

FindLaw's Lawyer Directory is the largest online directory of attorneys. Browse more than one million listings, covering everything from criminal defense to personal injury to estate planning.

Want to check lawyer discipline?

It is always a good idea to research your lawyer prior to hiring. Every state has a disciplinary organization that monitors attorneys, their licenses, and consumer complaints. By researching lawyer discipline you can:

Di Pietro Partners, LLP

Handling all aspects of Probate Law through out Florida. For your free consultation call us today, we can help.

My Lasting Will

With My Lasting Will you can have your will, important documents, messages and even videos sent to your loved ones and others who need to know how to handle your estate after ... Read More you've passed.

Malhotra Law Firm, PA

Our law firm helps connect you to the right medical providers We help w/ vehicle repairs (only if an injury occurred) We help connect you with the best attorneys for your specific ... Read More case You pay one fee for 2 law firms to represent you.

Rossway Swan Tierney Barry & Oliver, P.L

Business Law, Employment, Estate Planning, Probate, Trust Law, Condominium/Homeowners Association, General Corporate, Civil Litigation, Complex Litigation, Matrimonial/Family, ... Read More Divorce, Real Estate, Guardianship, Health Care Law, Land Use

Deana Bell, PA

Handling your life matters compassionately and effectively. Call today for a Free Initial Consultation--321-294-4452

Lacey Lyons Rezanka, Attorneys at Law

Lacey Lyons Rezanka is a boutique high-end law firm in Melbourne, Florida. We help both businesses and individuals navigate their legal challenges in a variety of practice areas.

Law Offices of Joseph G. Coluccio, P.A

A Law Firm practicing Wills and Probate law. Located in Rockledge, Florida, the Law Offices of Joseph G. Coluccio, P.A. offer legal services to clients in Brevard County and ... Read More surrounding areas. With more than 15 years of legal experience,

What is probate guardianship?

Probate/Guardianship. The term "probate" generally refers to the process in which a decedent's assets, or estate, are administered. There are several types of Probate proceedings which are all filed with our office. Whether or not an estate is required to go through Probate depends on the assets that the decedent owned at the time ...

What is a small estate proceeding in Florida?

There are times however, when our office can assist heirs and beneficiaries through a process referred to as a Disposition of Personal Property Without Administration. This process is also sometimes referred to as a Small Estate Proceeding. Please refer to Florida Statute 735.301 to determine if you are eligible for this type of process. This form may not be used when real property is involved. If you are unsure as to whether this process applies to your situation, you may wish to contact an attorney.

How long does it take to deposit a will in Florida?

Pursuant to Florida Statute 732.901, the original Last Will and Testament of a deceased person must be deposited with the Clerk of the Circuit Court having venue of the estate of the decedent within 10 days after receiving information that the testator (a person who dies leaving a will) is dead. The statute also states that the custodian of the will must supply the clerk with the date of death or social security number of the testator upon deposit. Our office also requires that a death certificate be filed with the original will. Please be advised that there is no charge or filing fee to deposit a will with our office.

Do you have to go through probate if you are a decedent?

For instance, if a decedent solely owned any real property at the time of his or her death, the estate would be required to go through Probate in order to transfer title of that real property to the decedent's heirs or beneficiaries.

Is a fee for a probate filing due?

The filing fee is due at the time the Petition is filed. There is also a charge for one certified copy of the Order for Payment of Funds which is generally required by the institution holding the assets. If the judge approves the petition, an Order for Payment of Funds will be entered by the probate court which directs that ...

How to find probate assets in Brevard County?

The first step in identifying probate assets is to confirm how the decedent’s real estate is titled, by visiting the Brevard County Property Appraiser. If the property appraiser report and most recent deed confirm that the real estate, aka real property, is in the sole name of the decedent, then a probate will be required in order ...

What is the most relevant factor in determining if a probate is necessary?

The most relevant factor in determining if a probate is necessary, is assessing if there are any probate assets, as oppose to non-probate assets. Probate assets are those titled in the sole name of the decedent, and do not have a beneficiary designation or POD feature.

What is an ancillary probate?

Ancillary Probate for Non-Residents. Ancillary probate refers to a secondary probate proceeding that takes place in any state other than the domiciliary state. Ancillary probate is necessary to transfer or sell real estate, aka real property, located in any state other than the decedent’s domiciliary state. After someone passes away, the first step ...

What is the first step in probate?

After someone passes away, the first step in the probate process is to establish the domiciliary estate in the decedent’s state of residence. Once a personal representative, or executor is appointed for the domiciliary proceeding, the next step is to petition to initiate the ancillary probate in the county in which the real estate is located.

Can you transfer assets through probate?

All probate assets are frozen and can only be transferred through the probate process. There are many types of non-probate assets, such as real estate titled in the sole name of the decedent, jointly held property, IRAs and life insurance proceeds payable to a beneficiary, and more. The first step in identifying probate assets is to confirm how ...

Is there an ancillary probate in Brevard County?

Ancillary probate in Brevard County, Florida can complicate the already time- consuming and sometimes costly probate process, but it is the only way to pass Florida real estate to the rightful beneficiaries. Because ancillary probate has the potential to prolong the domiciliary probate proceeding, it’s crucial to work with a skilled Florida ...

How to contact us about probate?

For help with probate or any other estate administration or estate planning matter, schedule a time to speak with us. Call 321-529-2448 or contact us online.

How long does probate take in Florida?

Probate In Florida. In Florida, there are two types of probate administration. A formal administration typically takes eight months to one year to complete, though it can go on longer.

Why is it important to have a lawyer on your side during probate?

That is why it is important to have a skilled lawyer on your side to help guide you through the probate process.