Sarasota Probate - Probate in Florida
Many people question when they should hire a Sarasota probate lawyer to help them with their loved one's estate. The answer is as soon as possible.
Florida probate law requires that all probates involving administration be handled by an attorney. The only way to circumvent hiring a Sarasota probate lawyer is to do disposition without administration, however this only applies to small estates or estates where the personal representative is also the sole heir to the estate. Otherwise, you will need to hire a probate lawyer to do the dispensation on the estate probate. Administration of an estate is administrated by Florida's probate law and a probate lawyer specializes in that law. A simple estate, or what seems to be one, can actually be quite intricate, and even if you think the estate is small and simple, it's likely still in your benefit to hire a probate lawyer to help you through the administration. An estate probate can be quite daunting if you are not a qualified probate lawyer.
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 Sarasota Probate lawyer because an Sarasota probate attorney would be more familiar with the local Judges and Court system, and that would prove very helpful.
If it is your spouse that has died, and all of his or her assets were co-owned by both of you, you may not need to hire a probate lawyer. Florida law states that survivorship assets (co-owned by both spouses) are immediately handed over to the spouse. However if the deceased owned any property or possessions in which the spouse was not named as a co-owner, you will need a probate lawyer to help probate that part of your spouse's estate.
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 you have been appointed to protect. You must be certain that all creditors and governmental agencies are properly paid so that the beneficiaries receive their assets free of problems in the future. Only a Florida probate attorney can assist you in this matter. Speak to a Sarasota Probate Lawyer today!
