Santa Rosa County Probate - Probate in Florida
When a resident of Santa Rosa dies, the estate they leave behind must go through a procedure known as probate. Probate ensures that any debts or taxes owed by the deceased are paid before their assets can be transferred to the beneficiaries of their will. This process typically takes at least six months to complete, and often up to a year. If Federal taxes are owed on the estate, probate may take up to two years to complete.
In most cases of probate in Santa Rosa, retaining the services of a probate lawyer is required by law, for two reasons. The main reason for this stipulation is that Florida probate law is complex, and probate is difficult for the layperson to deal with alone. Practical advice from a probate lawyer is a must, because Florida courts are not usually able to provide legal assistance for probate cases. The second reason is that for the personal representative of the estate (who is ultimately responsible for managing probate) and the relatives and beneficiaries of the deceased, probate is an emotional time in which it is difficult to remain objective. The probate lawyer is dedicated to representing the best interests of the estate, and to ensuring the estate is treated fairly.
In some probate cases, the services of a probate lawyer are not required by law. These are situations in which the personal representative of the estate is also the sole beneficiary. Such cases are usually simple to deal with, and Florida law does not require a lawyer to be involved, and also some small estates are exempt from probate. However, it is often prudent to seek legal advice even in these cases, particularly if the personal representative does not live locally. A Santa Rosa probate lawyer can attend probate hearings and arrange all of the local details that probate involves, if the personal representative is unable to see to these themselves. In addition, the probate lawyer is able to keep abreast of current probate laws, and ensure that all aspects of probate are completed correctly.
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 Santa Rosa County Probate Lawyer because an Santa Rosa probate attorney would be more familiar with the local Judges and Court system, and that would prove very helpful.
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.
The probate lawyer can work with a personal representative to arrange and deal with most of the work involved in probate. They can file the petitions that begin and end the whole process, attend probate hearings, inform creditors and other interested parties that probate has begun, arrange for the estate to be inventoried and appraised, and locate missing heirs if necessary. They will also be able to ensure that each stage of the process is finished on schedule, to prevent any delays in the completion of probate.
Careful advance planning can make the wheels of probate run far more smoothly. Contact a probate lawyer today for assistance with estate and probate planning, and make it easier for your family and loved ones during these difficult times.
