Pinellas County Probate - Probate in Florida
In the state of Florida, with the exception of very small estates and other limited circumstances, all estates must go through the legal process of probate when its owner dies. Probate is designed to ensure that the deceased's estate pays any debts and taxes owed before the remainder of the property is distributed to heirs of the deceased.
Do I have to hire a Probate Lawyer for Probate in Pinellas?
In most probate cases in Pinellas and the rest of Florida, the law requires that a probate lawyer be hired to aid the personal representative of the estate in administering the probate estate. This is a legal requirement because Florida probate law is very complex, and probate is not a process that a layperson can carry out without expert advice.
This legal requirement can be waived only in situations where the personal representative of the estate is its only beneficiary. In these cases the estate goes through a less formal process called Summary Administration, and a probate lawyer is not legally required.
If the decedent lived in Pinellas, Florida, hiring a Pinellas probate lawyer is the best way to handle probate, as they will be able to oversee work that must be handled locally. 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 a Pinellas County Probate Lawyer because a Pinellas probate attorney would be more familiar with the local Judges and Court system, and that would prove very helpful.
What does a Probate Lawyer do?
A Pinellas probate lawyer can handle most of the tasks associated with probate, including the following:
* Filing petitions at the Pinellas Circuit Court (these are required to open and close probate)
* Attending probate hearings (the lawyer can attend with or instead of the personal representative)
* Preparing and filing documents and legal forms
* Notifying creditors and other interested parties that probate is in progress
* Hiring an accountant to prepare tax returns
* Arranging for appraisal of the estate
* Making sure each stage of probate is completed on time, to prevent delays in closing the estate
* Distribution of assets to the legal beneficiaries
How much does a Pinellas Probate Lawyer Charge?
According to Florida probate law, a "reasonable" fee is 3% of the value of the estate. However, a Pinellas probate lawyer does not have to charge such a fee, and may not charge a percentage of the estate's value at all. Instead, they may charge an hourly rate. Note that the personal representative of the estate does not pay the fee-this is paid by the estate.
How long does Pinellas Probate take?
The average-sized Florida estate takes at least six months to finish probate, and often up to twelve months. Probate may take up to two years if the estate owes Federal taxes.
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.
