Hamilton County Probate - Probate in Florida
When you lose a loved one, there are few things that can enter your mind to clear away the hurt, confusion and pain. If you have been named the personal representative of the estate by the Will, then you have additional responsibilities that are just beginning, and which will keep you busy for a long time to come.
The personal representative of the estate of the deceased has the responsibility of probating the estate. In Hamilton County, as in the rest of Florida, this means that the personal representative of the estate is legally responsible for hiring the probate lawyer that state law requires to help with the probate process. This means that you have to hire a probate lawyer before you can settle the estate.
While it might seem like a silly restriction, the law regarding the use of probate lawyers is actually based on the fact that the probate process is very confusing and difficult for all but the most experienced people to understand. It can take a long time for your study of probate law to pay off with a simple set of directions to follow, and in that time your money is being wasted as the estate sits waiting. In the interest of saving both time and money for all parties involved, Florida law requires probate to be legally assisted.
Once you have begun the probate process, you will be glad of the resource that your probate lawyer will become. You will be able to hear what steps to take and in what order from someone with years of experience with these exact laws, and will have his or her guidance through every step of this complicated legal dance in order to probate the estate. Contact a Hamilton County Probate Lawyer today!
If there are contested issues in the probate, you should hire a local attorney. Your Hamilton probate lawyer will take the necessary steps and to instruct you on the correct way to complete each requirement of probate. Your Hamilton probate lawyer will work with you as closely as you need to get the job done.
Another benefit of using a local lawyer is that your probate lawyer will be able to recommend other professionals to you for your use, from tax preparers for the estate to accountants to help you manage the funds under your control. By the time probate is done, you will be quite grateful to your Hamilton probate lawyer.
If there are no contested issues that require court appearances, than any Florida probate attorney may be used. The fees for a Florida probate attorney are usually based on 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.
