Palm Beach County Probate - Probate in Florida
Probate lawyers can best assist beneficiaries in Palm Beach County. The state of Florida requires a lawyer to be involved in all cases in order to assure that the estate, the creditors, and all beneficiaries are protected. There are many detailed probate regulations and specifications involved in Florida statutes, and probate lawyers can aid clients through the system's complexities. Although some clients may believe that the court clerk office can provide help, the amount of detail may be overwhelming for the average person. Also, unless the personal representative is the only beneficiary, or if it is a very small estate, a lawyer must be used according to Florida law.
Probate lawyers can handle all of the paperwork over email, fax machines and U.S. mail; they therefore can handle probate cases in all of Florida. This process allows all probate correspondence to be handled easily and effectively, especially when no court appearance is needed. If a court appearance should be required, it is best to hire a local Palm Beach probate attorney. Palm Beach probate lawyers are also adept in handling Florida cases for clients who are out of state, and provide local presence for the many questions and concerns which may arise in Palm Beach probate cases.
The normal probate process usually takes between 4 to 12 months. This estimate is fairly standard if the case is not disputed and fairly simple. If the probate case involves an estate that requires intervention from the Internal Revenue System concerning taxable issues, the time may extend to almost two years. There are many factors involved in the duration of a probate case, and any probate lawyer can provide pertinent information. Occasionally, with a very small and simple estate, there may be a chance for disposition without administration, and in such cases, the Palm Beach probate department in the Clerk and Comptroller's office can help, along with the Palm Beach Legal Aid Society. Such factors may include the time since the decedent's passing, the inability to locate heirs, questions about the will, and creditor claims. The probate lawyer will also help the family through tax concerns and other financial obligations in a timely fashion. The cost 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.
Don't risk mishandling the estate that you have been appointed to protect. You must be certain that all creditors and governmental agencies are properly paid to avoid future liability or financial problems in the future. Only a Florida probate attorney can assist you in this matter. Contact a Palm Beach Probate Lawyer today!
