Florida Probate Attorney & Lawyer

St Johns Probate Lawyer

St Johns Probate Lawyer

In Florida, any personal estate worth more than $75,000 must be formally probated before beneficiaries of the estate can take ownership any property they inherit. During probate, the deceased's will (if they left one) is validated, and following this payment of any taxes or other debts owed by the estate is arranged before the remaining assets are distributed to beneficiaries. The average Florida estate completes probate in six to twelve months; however if the estate must pay Federal taxes, probate may take up to two years.

Is a Probate Lawyer necessary for St Johns Probate?

In St Johns, as in the rest of Florida, probate law requires that the personal representative of the estate (the executor) hire a probate lawyer. Florida probate law requires this because the laws that regulate probate are complex and probate is difficult for a layperson to manage without professional help.

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 St. Johns Probate lawyer because an St. Johns probate attorney would be more familiar with the local Judges and Court system, and that would prove very helpful.

The sole exception to this law is in situations where the personal representative of the estate is the only beneficiary of the deceased. These estates are typically much easier to manage, and can often bypass formal probate in favor of a less complicated and faster process called Summary Administration. Getting some sort of professional help is often preferable even in these cases, however, as Florida probate courts do not offer any legal advice to personal representatives.

What does a Probate Lawyer do?

A probate lawyer can handle most of the tasks associated with probate, including preparing and filing petitions, documents and legal forms at the Circuit Court, attending probate hearings, notifying creditors, beneficiaries and relatives of the deceased that probate is in progress (and of what they must do if they wish to make a claim or attend probate hearings for any other reason), organizing the preparation of an appraised inventory of the estate's assets, and organizing the preparation of tax returns for the estate. They also assure the correct beneficiaries receive their inheritance, free and clear of all creditors.

How much does a St Johns Probate Lawyer Charge?

Florida probate law recommends that 3% of the estate's value is a reasonable fee to pay. However, the law does not require any probate lawyer to charge this fee, and not all probate lawyers charge a flat fee. Instead, they may charge an hourly rate, and the total cost depends on how many hours they spend working with the estate. In either case, the fee is not paid by the personal representative, but by the deceased's estate.

If you have questions concerning probate, or are considering your will and estate planning, a Florida probate lawyer can offer valuable advice. 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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