Duval County Probate - Probate in Florida
When people of an age come to Florida, it tends to be for a longer stay than a quick soak in the sunshine, a swim in the ocean, and a couple of years in a nice cottage somewhere. When people come to places like Duval County in Florida, they tend to do so for the purpose of finding a place to retire and spend their last years, be they two or more than twenty.
The percentage of the population of Duval County that is over 65 and living alone is almost eight percent of the county. If these statistics reflect the presence of your own loved ones or relatives, then you should know a little something about Florida state laws regarding probate so that you are prepared to deal with your loved one's estate when the time comes to put probate into motion.
The probate process for any state is long and confusing, and the details can be elusive as you search through legal terms for ideas and concepts that make sense to you. Because of the confusing nature of this problem as well as the emotional state that most people are in as they attempt to put their deceased loved one's estates through probate, Florida has mandated that any estate going through probate must have the assistance of a lawyer for the process. This means that you are legally obligated to hire a lawyer to help you to probate the estate.
While this can seem like a terrible expense to add on to the other expenses of probate, a probate lawyer can actually help you to save some money by making the probate process go more quickly and more smoothly, and by helping you to avoid unnecessary fees and penalties through use of their own intimate knowledge of the probate system of the state.
You may hire any attorney who practices in the State of Florida, it does not have to be a Duval County probate attorney. The Florida Statutes sets forth the fees per 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.
During this difficult time, hiring a probate attorney can be the best decision you can make to ensure your loved one's estate is handled properly. Contact a Duval County Probate Lawyer today!
