Florida Probate Attorney & Lawyer

Martin Probate Lawyer

Martin Probate Lawyer

Having a loved one pass away means that there are many things to think about, and one of the thoughts that may spring to mind is - do I have to hire a Martin probate lawyer right away? The answer is there is no time limit to when you have to put an estate into probate, however, waiting too long isn't advisable and it's best to get it out of the way as soon as you have some time.

Florida probate law requires that all estates that need administration be handled by a lawyer. There are only a few cases in which you can bypass hiring a probate lawyer. If you are doing disposition without administration, which is applicable for small estates or where the executor is the sole beneficiary, you do not need to hire a probate lawyer. Also, if it is a spouse who has died and all the assets owned by the spouse were co-owned by the surviving spouse, Florida law states that all those assets are automatically given to the surviving partner. However, some simple estates still require administration if the deceased partner owned anything on their own.

There are many factors that affect the probate of an estate and all of the factors impact how long it takes to close the probate and how much the probate lawyer will charge you for their services. The fees for a Florida probate attorney are usually 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.


The time you can expect for a non-taxable estate is four to five weeks for a summary administration and six to twelve months for a full administration. For taxable estates, you will wait approximately two years for the estate probate to be finished by the Martin probate lawyer, mostly because the IRS needs to sign off on the estate tax return before any further work can be done to close the probate.

You are also not required to hire any specific area probate attorney to handle the administration on the estate - you can hire any Florida area probate attorney to do the work - most of the work on a probate is done electronically, or by mail, however, if there are contested issues that will require Court appearances by the attorney, it would be wise to hire a local Martin county probate attorney.

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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