how to find a probate lawyer who deals with florida

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Where can I get legal advice about probate in Florida?

Read our google reviews here. If you need advice regarding probate administration in Florida, click here to contact us or call Florida Probate Law Group anytime at (352) 354-2654 to schedule a free call with an attorney.

Why hire a Florida probate attorney?

Our Florida probate attorneys represent individuals who are owed inheritances under wills and trusts. We also represent beneficiaries in suits against trustees for mismanagement of assets and breaches of fiduciary duties. Some common types of probate litigation are described below.

How much does a Florida probate lawyer cost?

The Business Trial Group’s Florida probate and trust lawyers handle disputes on a contingency-fee basis. Regardless of the complexity of your probate or trust claim, you will pay no up-front fees and you will pay nothing unless we win your case.

Do I need an attorney to handle the probate process?

If an estate is small enough to qualify for a simplified probate process, known as a summary probate administration, then they are not required to hire an attorney to handle the process. However, many beneficiaries or family members find the complicated rules and red tape of the probate court too burdensome to tackle without guidance.

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 it cost to settle an estate in FL?

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%

Is Florida Probate expensive?

You're right to be concerned. Attorney fees in Florida can be the largest expense in the entire probate process. In fact, the state is one of just a handful that sets statutory fees based on the value of an estate. Fees can range from $1,500 to anywhere from one to three percent of the value, from $100,000 to $10M.

How long do you have to file probate after death in Florida?

A note about wills: Whether or not probate will be necessary, Florida law requires that anyone who has possession of a will must file it with the local circuit court within 10 days of learning of the death.

What are the steps for probate in Florida?

Step 1: Meet with an AttorneyStep 2: File a Petition with the Probate Court. ... Step 3: Notify the Deceased's Creditors. ... Step 4: Inventory the Deceased's Estate. ... Step 5: Close Creditor Period & Pay Valid Debts. ... Step 6: File & Pay Estate Taxes. ... Step 7: Final Estate Accounting. ... Step 8: Distribute Remaining Assets to Beneficiaries.More items...•

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 ...

Is probate difficult in Florida?

Compared to the probate systems in other states, according to some of our clients, Florida's rules are complicated, complex and apparently designed so that a “consumer” (non-lawyer) cannot possibly work through it herself, no matter how intelligent or experienced she may be.

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.

What does a probate lawyer do in Florida?

A probate lawyer is a Florida state licensed attorney who guides the executors and beneficiaries of a will or estate through the probate process.

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.

What is considered a small estate in Florida?

Qualification for Summary Administration Summary administration is the other type of procedure in Florida for small estates and is available if: The estate contains less than $75,000 of nonexempt assets, or. More than two years have passed since the date of death.

What type of probate is available in Florida?

If you live in Florida, you can be eligible for two types of probate which is the Summary Administration and the Formal Administration Probate. Let’s have a look at these two types of Probate and discuss the differences between them.

What is probate in Florida?

Florida Probate Court is where the issues relating to the estate of a deceased person are passed via a judicial process.

What happens if someone dies in Florida?

If anybody dies in Florida, wills must go through probate court to validate the wishes of the decedent outlined in the will. This process is necessary to prove the validity of the will and to ensure the proper distribution of assets to the right beneficiaries.

Do you have to go through probate in Florida?

As per Florida Law, all assets after the death of a person must go through probate court proceedings. It is a way to keep track of all the assets of the deceased person; settle any debts or taxes outstanding, and ensure the assets are legally passed to the beneficiaries.

Can you avoid probate in Florida?

But several people fail to take all of the measures necessary to avoid probate in Florida. The estate planning attorneys at our law firm discuss the ways to avoid probate in Florida.

Is probate different in Florida?

The probate procedure is different in every state, as each state has its own intestacy laws (dying without a Will). Our probate lawyers will explain the process of Probating a Will in Florida at the time of your free consultation.

What is the role of a lawyer?

Aside from zealous advocacy, the lawyer’s primary role is to ensure you, the client, can perceive both the positive and negative aspects of a complex legal issue. Lawyers must boil down unfamiliar topics and promote well-informed, rational decision-making processes.

Who is Robin Petersen?

Robin Petersen is the Founder and Managing Partner of the Estate Planning & Elder Law Center of Brevard, which has been serving Brevard County since 1991. The practice focuses exclusively in the areas of Estate Planning and Elder Law, Wills and Trusts, Probate and Trust Administration (representing the executor or trustee, as well as serving as the executor or trustee of the estate), Guardianship, planning for long term care costs through asset protection, the use of VA Aid & Attendance, and Medicaid benefit options. Because he has dedicated over 25 years of practice to these types of law, Robin understands...

Who does probate represent in Florida?

Our Florida probate attorneys represent individuals who are owed inheritances under wills and trusts. We also represent beneficiaries in suits against trustees for mismanagement of assets and breaches of fiduciary duties. Some common types of probate litigation are described below. If you have any questions, schedule a no obligation consultation with our Florida estate lawyers.

What is probate in Florida?

Probate, Trusts & Estates. When Florida residents or property owners pass away, their death sets into motion a legal process known as probate. Through probate, a deceased person’s assets are distributed to the heirs of his or her estate under court supervision. Probate also involves paying a decedent’s outstanding taxes and debts.

What happens when a fiduciary fails to meet their duties?

When a fiduciary fails to meet their duties and causes financial harm to beneficiaries, the beneficiaries can bring a probate litigation claim to recover money. Breaches of fiduciary duty can include: Violations of Florida probate law. Stealing, self-dealing, or mismanaging estate assets.

What is ancillary probate in Florida?

Ancillary probate is probate of assets that are located in Florida but owned by a decedent who was not a Florida resident.

What is probate vs non probate in Florida?

non-probate assets: Only those assets that were solely owned by the decedent at the time of death must go through Florida probate administration. Any assets that are jointly owned or have a designated beneficiary are not subject to probate administration.

What is summary administration in Florida?

formal administration: When an estate is worth $75,000 or less, or the decedent has been dead for more than 2 years, the Florida estate qualifies for an abbreviated probate known as summary administration. Florida estates that do not qualify for summary administration undergo regular probate or formal administration.

What happens when you die in Florida?

The death of an individual in Florida automatically creates a legal entity called an estate that contains the individual’s assets and debt responsibilities. Probate is the process through which an estate is settled with the decedent’s beneficiaries and creditors.

Do I Need a Probate Administration Attorney?

Probate administration only applies to probate assets; specifically, assets that the decedent (deceased person) owned solely in his/her name or assets owned jointly by the decedent and another person but lacking an immediate successor of ownership.

Which Kind of Probate Administration Do I Need?

In the state of Florida, there are two distinct types of probate. The type of probate required will depend on your specific circumstances and the assets the decedent possessed at time of death. Probate administration falls into two categories, namely formal administration and summary administration.

Probate Administration Done Properly and Efficiently

The probate administration attorneys at Battaglia, Ross, Dicus and McQuaid P.A. are here to answer any of your questions regarding the probate process and make sure it goes as smoothly as possible.

How Can We Help?

Our experienced Estate Planning & Probate Attorneys are available to answer any questions you might have.

How to contact Florida probate attorney?

If you need advice regarding probate administration in Florida, click here to contact us or call Florida Probate Law Group anytime at (352) 354-2654 to schedule a free call with an attorney.

What is probate in Florida?

Probate, also called “estate administration,” is a court process that transfers assets owned by a deceased person to living people. When someone dies in Florida the things they own go to their family or, if they have a will, to the beneficiaries named in that document. In probate, the person who died is referred to as the “ decedent .” Anything that the decedent owned when they died is collectively referred to as the “ estate .” An estate can contain bank accounts, real estate, vehicles, guns, tools, jewelry, or any other item owned at the time of death. If a decedent had a valid will, that document directs who will be in charge of the probate process and who will receive the decedent’s assets upon their death. If a person did not have a will, their estate will be divided among their next of kin (the intestate heirs) as described in section 6 of this guide.

What happens to property when a person dies without a will?

When a person dies without a will, their assets go to their spouse and/or closest relatives. Florida Statute sections 732.102 and 732.103 specifically determine how a decedent’s property is divided when they die without a will under the 2021 Florida Probate Rules. This process is referred to as intestate succession. Our flowchart below breaks down the intestate succession rules depending on what relatives the decedent left behind:

What is exempt property in Florida?

When a decedent has a spouse or children, some assets, including the decedent’s homestead property, two vehicles, household furnishings, and up to $1,000.00 in personal property are exempt from creditor’s claims and should not be used to pay debts. Florida Statute section 732.402 and Section 10, Article 4 of the Florida Constitution contain the rules for exempt property.

How much does probate administration cost in Florida?

The cost of an estate administration will vary depending on the size and complexity of the estate. Our firm charges flat fees between $1500 and $6000 for probate administration in Florida. We charge flat fees so that clients know exactly what the total cost of the case will be up front. Summary administration is less costly than formal administration, representing the lower end of the cost spectrum. Formal administration is a more involved process, and represents the higher end of the price range.

How much can a child inherit in Florida?

Florida Statute section 744.301 provides that a child’s natural guardians may collect an inheritance up to $15,000.00 dollars for the minor. For an inheritance over $15,000.00 a guardian of the property should be appointed. That guardian may be one of the child’s parents or another responsible adult. The guardian must account for the child’s assets annually by filing documents with the court until the child turns 18. To learn more about the guardianship process, click here.

What is a will in Florida?

A will is a document that determines who receives a decedent’s property when they pass away. Florida law requires that a will must be signed by the testator (the person writing the will) and two witnesses to be enforceable. The testator must either sign in front of the witnesses or tell the witnesses that he or she previously signed the will. The witnesses must sign together in the presence of each other and in the presence of the testator. The rules for the execution of wills are found in Florida Statute 732.502.

What is probate attorney?

A probate attorney can help with many complex issues ranging from will disputes, tax liability, finding estate assets, obtaining appraisals, creditors, and transferring assets. An experienced probate attorney, will be familiar with the unique procedural rules in each county.

Who is responsible for probate?

The estate is responsible for the legal fees and administrative expenses associated with the probate process. This means that the decedent’s assets, that become part of the probate, are to be used to pay for the expenses, or at least to reimburse anyone that initially pays the necessary expenses of initiating probate or taking care of estate property.

What is a probate fee agreement?

When you hire a probate lawyer, a fee agreement in writing is a smart way to not only protect yourself but understand what fees you can expect. This agreement will state how the attorney charges for the legal services (based on hours, fixed rate, or a percentage), when payment is due, and the costs you will be responsible for, such as filing fees.

What is the most important probate expense?

The most important and significant probate expense is the fee the probate lawyer charges. Depending on the lawyer, these fees may be hourly, flat rate, or based on a percentage of the estate. Lawyers are allowed to choose how they charge for their services, so you will need to have a consultation in order to determine how any particular attorney charges for their time. You should also be provided with a written contract outlining the details of the engagement/representation. In a typical Florida probate proceeding, attorney’s fees are usually the largest expense.

Who is responsible for the filing of probate documents?

The probate attorney will be responsible for the estate meeting the necessary filing requirements, and for providing guidance throughout the probate process. The most important filing requirements are:

Do you need a probate lawyer in Florida?

Not all estates require a probate lawyer. If an estate is small enough to qualify for a simplified probate process, known as a summary probate administration, then they are not required to hire an attorney to handle the process. However, many beneficiaries or family members find the complicated rules and red tape of the probate court too burdensome to tackle without guidance. In FL, the vast majority of probate administrations are “formal probates”, and FL law requires you to hire an attorney to initiate a formal probate, and that attorney must be designated as attorney of record.

Is a homestead property considered a real estate?

The homestead real property (real estate) owned by the decedent is not included in the estate’s compensable value for purposes of determining reasonable compensation for ordinary services according to the abovementioned statute. However, “reasonable” fees are based on the gross value of probate assets, not the net value of the assets. If the estate contains a vacation home valued at $350,000 but there is a mortgage of $200,000, Florida probate law allows a reasonable fee based on $350,000, not the $150,000 in equity.

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