Franklin County Probate - Probate in Florida
The county of Franklin is a wonderful place for people to work, play, and settle down, whether they are looking to start a family, grow their family, or just to relax and enjoy retirement. Many people who choose to settle in Franklin County and elsewhere in Florida are of an age to retire, and many of them wish to spend the last years of their lives enjoying the sunshine, the ocean or gulf, or the many recreational activities offered to visitors and residents alike.
If you or a loved one is planning to settle in Franklin County, then you should be prepared to spend you life here, and a part of that preparation is preparing for after you or your loved one is gone. One very important part of that preparation is learning a little bit about probate law in Florida and specifically in Franklin County so that you can be prepared for after your loved one is gone, or so that you can help your own loved ones prepare for when you are no longer around.
The probate process can be long and stressful as well as very expensive, partly because it is so complicated and confusing. The process of probate differs from state to state, and counties can impose their own local laws and regulations which further complicate and confuse the process. In order to speed things along and relieve the stress of the probate process, the state of Florida has mandated that any estate entering probate must do so with the assistance of a probate lawyer.
This probate lawyer is someone who is specifically trained in probate law to explain the process to you or to your loved ones and to make sure that each step of the process is fulfilled in a timely and legal manner. Your Franklin Probate Lawyer will help you to speed the probate process along so that you are not stuck trying to understand laws that make no sense to you, nor will the estates of the deceased remain in limbo for longer than necessary. It is not necessary that you retain a Franklin probate attorney unless there are contested issues. . It is recommended that you hire a Franklin County probate lawyer if there is contested litigation that needs to be held in the Franklin County courthouse because you will have an attorney familiar with the local rules, judges, etc.
Your probate lawyer will make sure that your probate goes as quickly and smoothly as possible, saving you time and money that can be spent elsewhere and relieving some of the stress of the probate process by helping you to move forward and honor your loved one's wishes since most probate is done without court appearances being required. The Florida Statutes set forth the fees, which state:
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.
