Daytona Beach Probate - Probate in Florida
Losing a loved one is very difficult in any circumstance, and it is only made more difficult when the loved one that you lost did not live nearby, whether they lived in another city or in another state entirely from you. If you are in charge of probating an estate in Florida, then there are certain things about the Florida probate process that you will need to know.
The most important of these things is that under most circumstances, you are legally required to retain the aid of a lawyer in the process of probate if you are the personal representative of the estate. This means that you have to find and hire a probate lawyer to help you manage the probate process if your loved one lived anywhere in Florida.
Because of the vast appeal of Daytona Beach, there are many people that have chosen to retire to this city, and consequently many people who pass their final days in Daytona Beach and there are contested issues that require Court appearances, then you should hire a Daytona Beach Probate Attorney; however, if all issues are settled then any probate attorney in Florida will do.
It is always difficult and painful when a loved one dies, but it is much more so if you are dealing not just with the death, but also with the responsibility for the estate. If real property or other assets are located in Daytona Beach than you could use the services of a Daytona Beach Probate Lawyer. Our attorneys will be able to help you handle the probate process so that you can get on with your life.
The fees for a Florida probate attorney are usually charged according to Florida Statutes Section 733.6171, which states:
733.6171 Compensation of attorney for the personal representative -
(1) Attorneys for personal representatives shall be entitled to reasonable compensation payable from the estate assets without court order.
(2) The attorney, the personal representative, and persona bearing the impact of the compensation may agree to compensation determined in a different manner than provided in this section if the manner is disclosed to the parties bearing the impact of the compensation and if no objection is made as provided for in the Florida Probate Rules.
(3) Compensation for ordinary services of attorneys in formal estate administration is presumed to be reasonable if based on the compensable value of the estate, which is the inventory value of the probate estate assets and the income earned by the estate during the administration as provided in the following schedule:
(a) One thousand five hundred dollars for estates having a value of $40,000 or less
(b) An additional $750 for estates having a value of more than $40,000, but not exceeding $70,000.
(c) An additional $750 for estates having a value of more than $70,000 and not exceeding $100,000.
(d) For estates having a value in excess of $100,000, at the rate of 3 percent on the next $900,000.
(e) At the rate of 2.5 percent for all above $1 million and not exceeding $3 million.
(f) At the rate of 2 percent for all above $3 million and not exceeding $5 million.
(g) At the rate of 1.5 percent for all above $5 million and not exceeding $10 million
(h) At a rate of 1 percent for all above $10 million.
Don't risk mishandling the estate you have been appointed to protect. You must be certain that all creditors and governmental agencies are properly paid so that the beneficiaries receive their assets free of problems in the future. Only a Florida probate attorney can assist you in this matter.
