what is a reasonable retainer fee for a florida probate lawyer on an estate?

by Allen Davis 7 min read

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.

The following calculations indicate the fees that the court feels are reasonable and that you will likely pay in a Florida probate case: $1,500 for estates worth $40,000 or less. $2,500 for estates between $40,000 and $70,000. $3,000 for estates between $70,000 and $100,000.

Full Answer

What is an attorney retainer fee?

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 …

How are attorney fees paid in Florida probate cases?

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 …

Should I agree to an arbitration clause in my retainer fee agreement?

Apr 14, 2019 · Under the Florida Bar Rules, compensation for an attorney needs to be reasonable. What does this mean? In Florida, there are many ways for a probate lawyer to be compensated for administering a Palm Beach or Boca Raton estate.There’s not just one way. With that being …

What happens if you exceed the retainer fee?

Jan 04, 2008 · The Florida Bar has released consumer information on Florida Probate.. One of the most common questions is how fees are determined in a Florida probate case.. The personal …

How much does a probate attorney charge in Florida?

In Florida the fees for a Summary Administration vary but will typically range from $1,500.00 to $3,500.00 depending on the nature of the assets, creditor claims, the number of beneficiaries and any complexities associated with getting the Last Will and Testament admitted to Probate Court in Florida.Jun 5, 2021

How much does it cost to settle an estate in FL?

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 should I pay for probate?

The fees for probate and estate administration can vary widely depending on who does it, whether that be a solicitor, probate specialists or a bank. The cost for these range between 2.5 to 5% of the value of the estate.

How much does an executor of a will get paid in Florida?

Executor Fees

In Florida, executors are entitled to a percentage of the decedent's estate as compensation for their work. This starts at 3% of the first million dollars, 2.5% on the next four million dollars, and 2% on the next five million dollars.

Is probate in Florida 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.

What assets are exempt from probate in Florida?

Assets that are exempt from probate in Florida include:
  • Revocable Trusts. ...
  • Designated Beneficiaries. ...
  • Transfer on Death. ...
  • Joint Title with Rights of Survivorship. ...
  • Tenancy By Entireties. ...
  • Florida Homestead.
Dec 9, 2021

How much does a solicitor charge to be an executor?

Some probate specialists and solicitors charge an hourly rate, while others charge a fee that's a percentage of the value of the estate. This fee is usually calculated as between 1% to 5% of the value of the estate, plus VAT.

Do you need a solicitor for probate?

You do not need a solicitor to apply for probate, but most executors and administrators choose to use a solicitor, especially if the estate is complex.May 20, 2021

Do you have to pay probate fees up front?

The probate application fee must be paid up-front. As a result solicitors are being bombarded by applicants trying to submit forms before the new fees come in. They are warning that timing is tight and success in beating the hike is not guaranteed.Mar 23, 2019

How long does an executor have to settle an estate Florida?

Even with formal administration, most estates are resolved within 18 months. However, all claims against an estate must be filed within 2 years of the person's death.Aug 11, 2021

What are trustee fees in Florida?

On average, trustee fees can range from 1% to 3% of the trust assets. For example, a 3% fee can be considered a reasonable fee for large and complex assets that can take years to administer.Mar 24, 2011

Can an executor of a will be a beneficiary in Florida?

Yes. A personal representative can also be a named beneficiary in the decedent's will. For example, in a family with four siblings, one of the siblings or even the spouse may act as a personal representative. There is no law against it as long as the individual is mentally and physically fit to perform the duties.Aug 30, 2021

How much does a probate lawyer charge?

Small town rates may be as low as $150/hour; in a city, a rate of less than $200/hour would be unusual. Big firms generally charge higher rates than sole practitioners or small firms, unless a small firm is made up solely of hot-shot specialists.

How long does a lawyer bill?

Many lawyers bill in minimum increments of six minutes (one-tenth of an hour). So, if your lawyer (or a legal assistant) spends two minutes on a phone call on behalf of the estate, you'll be billed for six minutes.

Weighing Your Options

The first and most obvious option is that you, theoretically, can struggle through it. Seeing this time and time again, I don’t recommend trying it. The unpleasant anticipation of bills and constant financial stress is not healthy. This is also usually on top of an already emotionally stressful situation.

What Types of Probate Matters Do These Payment Options Apply To?

The latter two options above are typically available to clients who are probating decedent estates or administering trust estates. Decedent estates are generally required when a loved one has passed without a fully funded trust, requiring the assets to be probated.

One Less Reason to Fear Probate!

We understand that many people are hesitant to contact an attorney. At the Probate Pro, we don’t want cost to be a reason for hesitation. One of our core values is telling it like it is.

What is retainer fee?

A retainer fee is one of the most common attorney fee schedules. A retainer is an amount of money that’s paid to a lawyer in advance to retain (hire) him/her to represent you in a legal matter. When setting a retainer fee, an attorney anticipates the amount of legal work that must be done and asks the client to either pay it in full ...

What does it mean to have an attorney on retainer?

Having an attorney on retainer means that you’re paying an attorney a specific advanced legal fee in order to retain (obtain) attorneys legal help in the event of legal troubles. Once an attorney is retained and a retainer fee is paid, the attorney is on standby to assist you with the legal issues for which you’ve retained the attorney.

Do you need to read a retainer agreement before signing it?

Often, when a client signs a retainer fee agreement, he is signing a one-sided document that contains many terms that are in there to protect the attorney and his law firm. As such, you need to read the retainer fee agreement before signing it. We will now go through some of the things to look out for in a retainer fee agreement.

Is a retainer fee refundable?

Retainer fees are usually nonrefundable. To find out whether the retainer fee you paid to an attorney is refundable, you should consult your retainer fee agreement. Most contracts set out the terms as to whether the retainer fee is refundable.

Is a retainer a deposit?

A retainer fee is not a deposit. A deposit typically refers to a sum of money that’s used to hold services, and it’s usually returned to the payer. However, a retainer is typically used to refer to a sum of money that’s given to an attorney as an advanced payment for legal representation in the future. Once the attorney incurs costs and earns the ...

What is attorney-client relationship?

Also, as soon as a retainer agreement is executed, an attorney-client relationship is usually formed, allowing the client to leverage the attorney’s name or the name of his law firm as the name of the entity representing him in the legal matter. Having the name of a well-known attorney gives the client leverage when negotiating, for example, ...

Robert Lawrence Cohen

Yes it is absolutely legal to request a retainer. However look around as there are attorneys, myself included, that do not require a retainer to start a probate. I hope this helps.#N#More

Jean Hee Cha

You probably want to know whether you will be reimbursed from the estate for the attorney fees to get the process started in Probate Court. There are several factors to consider, if you are the named person that is supposed to handle the administration of their estate, then you may end up being appointed the administrator.

Jay Scott Finnecy

Yes, of course. That's how it works. You want the attorney's services, you have to pay.

Judith Ann Routledge

Generally, if they are petitioning to be the administrator/executor of the estate, the attorney's fees are limited to a percentage of the estate's assets payable from the estate. However, the attorney may request a retainer for anticipated costs.#N#More

Barbara A. Sonin

The attorney may ask for you to pre-pay the costs and fees associated with the probate. Those costs can approach $1,000, depending on what newspaper the probate must be advertised in. Some attorneys also ask for a retainer of the attorney probate fees if it appears that there will not be cash in the estate to pay those fees when probate closes.