Florida Probate Attorney & Lawyer

Marion County Probate Lawyer

Marion County Probate Lawyer

In Florida, the law requires that the executor, also known as a personal representative, of a deceased person's will hire a lawyer to assist with probate. There are very few exceptions to this law if the estate is required to go to probate. The majority of people who find themselves named as a personal representative will need to retain professional legal counsel to assist with the administration of the will. A Marion probate lawyer is experienced and can help an executor take a will through probate as seamlessly as possible.

What is probate? It's the process of allocating a deceased's persons assets, known as the estate, to the correct people and creditors. Usually, the process begins with the Last Will and Testament of the deceased. Florida has specific laws surrounding the handling of the will, and a probate lawyer can help an executor navigate those laws.

In Marion County, as in all other Florida counties, the personal representative must file the Last Will and Testament with the Clerk of the Circuit Court within ten days after being notified that the death has occurred. The date of death, social security number, and death certificate must also be supplied with the original will. This is just the first step of probate, and depending on the size of the deceased's estate, the entire process can be long and complicated. A Marion probate lawyer is recommended for those going through probate in Marion County, if there are any contested issues which require a Court appearance. Otherwise, any probate attorney throughout Florida can assist you, so you may choose the one that is most convenient to you.

What all does a probate lawyer do to assist an executor of a will? There are many things that a probate lawyer does, such as:

* Filing the original Last Will and Testament, social security number, and death certificate with the Clerk of the Circuit Court
* Obtaining certified copies of the will or death certificates as needed
* Organizing the deceased's paperwork to ensure that the execution of the will goes as quickly and smoothly as possible and that the wishes of the deceased are carried out as planned
* Distributing the deceased's assets
* Selling the assets of the deceased, if necessary
* Attending real estate closings
* Settling with creditors
* Changing the names on the deceased's assets to the beneficiaries' names
* Helping the surviving spouse with Social Security benefit changes
* Assisting executor's who live out of town; much of the work can be done through telephone calls and fax machines

There are many other details of probate that a probate lawyer can assist an executor with. The execution of an estate can be confusing for many executors, especially if it is the estate of a loved one. A probate lawyer can take the confusion out of the process and be a helpful guide and ally to an executor though the entire probate experience.

The fees for a Florida probate attorney are 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.

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