Flagler County Probate - Probate in Florida
Losing a loved one is one of the hardest experiences that many of us will ever go through, and the complete confusion or hurt that can follow that kind of loss can paralyze many people. If you have been named the personal representative of the Will of the deceased, then things might be even harder for you as you sort through the legal requirements of your appointment and learn all about probate for the correct state in which your loved one lived.
Probate is a complicated process, and the procedures for that process vary widely between states with some states having completely different regulations than others. Navigating all of this is complicated enough, but if you did not live in the same county or even the same state as the deceased, then you will have an even harder time figuring out which laws and regulations to adhere to.
In the state of Florida, one of the first laws regarding probate that you should know about is that under most circumstances, it is legally required of you to hire a probate lawyer to help you through the probate process if you are the personal representative of the estate. This is because of the confusing process of probate and because of the large number of people from out of state who must probate estates in Florida, and does a lot to save time and money for both the state and for those filing probate.
Your Flagler County Probate Lawyer will be able to help you through probate by guiding you through every step of the process and helping you to understand what must be done and when to get the matter settled as quickly and easily as possible if there is a contested issues that requires local court appearances; otherwise, any probate attorney throughout the state will be good since most of the probate will be done by mail.
Your probate lawyer will be a valuable partner throughout the probate process, helping you to understand what needs to be done, assisting you in discovering what financial plans must be made for the estate, and helping to close out the case in as little time as possible, all while helping you to avoid unnecessary fees and expenses. You will be very glad for the help.
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.
