Florida Probate Attorney & Lawyer
Polk Probate Lawyer
Polk Probate Lawyer
Florida estate law stipulates that except under very limited circumstances, an estate worth more than $75,000 must go through probate when its owner dies. Probate is carried out to validate the wishes of the deceased as named in the will if there was one, and to ensure payment of any debts or taxes owed by the estate. If there is no Will, Florida probate law sets forth who will inherit the estate.
Do I have to hire a Probate Lawyer for Probate in Polk?
Florida probate law is complicated, and is very difficult for a layperson to understand. For this reason, Florida state probate law requires that a probate lawyer be involved in most probate cases. This requirement is waived only in situations where the personal representative of the estate is the only beneficiary, or if the estate is very small. Even in these cases, hiring someone to provide legal advice is a good idea, as Florida probate courts are not able to provide this.
For cases of Polk probate, it's a good idea to hire a Polk probate lawyer, as there are several probate-related tasks that need to be carried out locally. However, you may choose any probate attorney in the state of Florida who is of convenience to you; except if there are issues in your probate being contested and that would require court appearances. Then it would be wise to have a Pinellas Probate lawyer.
What does a Probate Lawyer do?
A Polk probate lawyer can handle most of the tasks associated with probate, including:
* Filing petitions to open and close probate
* Attending probate hearings
* Preparing and filing documents and legal forms with the Polk Circuit Court
* Hiring an accountant to prepare tax returns for the estate
* Arranging for the estate to be appraised
* Locating missing heirs
* Notifying creditors and other interested parties that probate is in progress
* Making sure that all work associated with probate on schedule to prevent delays in the completion of probate
* Distribution to the correct beneficiaries at the end of the probate
How much does a Polk Probate Lawyer Charge?
According to Florida probate law, a reasonable fee is up to 3% of the value of the estate. However, a Polk probate lawyer is not legally obliged to charge such a fee, and does not have to charge a percentage-based fee at all. Instead, they may charge an hourly rate, and the total cost will depend on how many hours they work on the estate. Probate attorney fees are paid by the deceased's estate.
How long does Polk Probate take?
In Polk, as in the rest of Florida, the average-sized estate takes at least six months to go through probate. If any litigation is involved (if, for example, the will is contested), probate may take a year or more complete. An additional twelve to fifteen months is required in cases where 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.
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2008-04-07 12:21:18
Probate is the legal process of settling a deceased person's estate, which includes paying creditors or debts, and distributing the assets of the deceased to the correct beneficiaries. It is a complic ... [read more]
2008-04-22 15:25:49
is a term used to describe an attorney whose main area of practice includes estate planning (preparation of wills, trusts, powers of attorney for example) guardianship and probate of estates. Usually ... [read more]
2008-04-22 15:25:12
a personal representative may employ counsel to protect the estate, and to enable him/her to properly manage the estate. The personal representative can choose their own attorney, and is not requi ... [read more]
2008-04-22 15:23:45
the property of a decedent that is the subject to being probated or administered. Each state in our country has their own individual laws relating to decedent’s estates and they are very different. ... [read more]
2008-04-22 15:23:15
There are two types of Homestead in Florida. One is a tax exemption, which has nothing to do with probate. The other is a process that can be completed during probate, in which a Petition and Order ... [read more]
2008-04-22 15:22:22
this is the proceeding that one must go through to administer the estate (assets) of a decedent domiciled in the State of Florida or owning property in the state of Florida. Basically, administering ... [read more]
2008-04-22 15:20:37
The property of a decedent that is the subject to being probated or administered. Each state in our country has their own individual laws relating to decedent’s estates and they are very different. ... [read more]
2008-04-22 15:18:02
an attorney can agree to a flat rate fee in the state of Florida, for legal services. The Florida Probate Code provides in Section 733.6171, what compensation for attorneys would be considered rea ... [read more]
2008-04-22 15:16:37
the property of a decedent that is the subject to being probated or administered. Each state in our country has their own individual laws relating to decedent’s estates and they are very different ... [read more]
2008-04-22 15:05:35
Each county in the state of Florida has a Circuit Court which has jurisdiction over all probate matters. In that Circuit Court resides a probate division, that specializes in the administration of ... [read more]
2008-04-22 15:04:22
this is the proceeding that one must go through to administer the estate (assets) of a decedent domiciled in the State of Florida or owning property in the state of Florida. Basically, administeri ... [read more]
2008-04-22 15:01:13
Any pleading, petition, motion, order, etc., that is used in probate proceedings; which should be approved by the probate court and the Probate and Trust Law section of the Florida Bar, who is in char ... [read more]