Polk County Probate - Probate in Florida
Christopher Q. Wintter Florida Probate Lawyer of Wintter & Associates, P.A.
Contact information: 2239 Hollywood Blvd. Hollywood, FL 33020 - Hollywood: 954-920-7014
Miami-Dade: 305-948-6788 - Boca Raton: 561-470-3448 - Fax: 954-920-7080
Wintter & Associates, P.A. is a Florida trust and estate law firm focusing its practice in the areas of probate administration, trust administration, guardianship administration, probate litigation, trust litigation, guardianship litigation, and estate planning. The firm's professionals are devoted to the representation of clients in estate, trust, probate, and guardianship proceedings. The firm is well known and is well respected by its colleagues, competitors, adversaries, and judges.
Christopher Q. Wintter has over 23 years of experience as a practicing attorney and is a recognized expert in Trust and Estate matters by the Florida Bar. Mr. Wintter earned his Juris Doctor from Duke University School of Law (1987) and earned his Bachelor of Science in Accounting with High Honors from the University of Florida (1982).
Our attorneys have a thorough understanding of the legal, tax and financial issues that come into play with complex Trusts and Estates. Mr. Wintter holds the prestigious Board Certification by the Florida Bar in Wills, Trusts, and Estates, a credential held by fewer than 350 attorneys out of the more than 90,000 attorneys licensed to practice law in Florida. Mr. Wintter has been Board Certified since 1999. Prior to becoming an attorney, Mr. Wintter was a CPA and maintained his license as a Certified Public Accountant from 1984-2002.
To learn more about Wintter and Associates, P.A., please visit our web-site www.WintterLaw.com.
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 County 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.
