Orange County Probate - Probate in Florida
When someone you love passes away, the last thing you want to be thinking about is their estate - money and property, and finding legal representation. However, soon after someone passes away, it is imperative that you find a probate lawyer to help you with the probate on your loved ones estate.
Probate is the legal transfer of title from an estate to the heirs and beneficiaries. However, during the probate process, you also have to consider a few other things, such as taxes and debts. Your probate lawyer will be able to help you with the taxes that the decedent owed as well as those that will owe on the transfer of the property. Likewise, if there are any debts, your probate lawyer will set a deadline for creditors to file a claim in the estate. After the deadline has passed, you can rest assured that creditors will not be haunting you for payment, and your beneficiaries will receive their assets clear of said debts.
Finding a probate lawyer is not an easy task because the one you choose should be a person you feel comfortable with. They will be looking after business for you while you are grieving, so trust is a major factor when choosing a probate lawyer. If you don't live in the area where your loved one died, you can use any probate lawyer you wish to administer to a probate in Florida. Estates can be handled by any probate lawyer licensed in Florida. You may choose any probate attorney in the state of Florida who is of convenience to you; however, if there are issues in your probate being contested and that would require court appearances, then it would be wise to have an Orange County Probate lawyer because an Orange County probate would be more familiar with the local Judges and Court system, and that would prove very helpful.
Your Orange probate lawyer will be able to look after all of your probate with the estate of your loved one and help you through all the stages of probate. It can be a lengthy process and will depend on how many beneficiaries there are, the size of the estate and whether or not the probate needs to go to court or not.
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.
Careful advance planning can make the wheels of probate run far more smoothly. Contact a Orange County Probate Lawyer for assistance with estate and probate planning and make it easy for your family and loved ones in the future.
