Titusville Probate - Probate in Florida
When a loved one passes away, it is a trying time for everyone involved in the final arrangements, including the person who has been chosen as the personal representative to probate the estate. This person is responsible for learning about the probate procedures in the state where the deceased lived since probate laws differ from state to state and even from county to county. They must follow the letter of the law for the probate process, and are responsible for many forms, documentations, and actions that must be taken correctly before the probate can be brought to a close.
This entire process is very difficult and very confusing in most cases, and leaves many people practically begging for assistance before it is done. This is why the state of Florida has instituted a state law mandating the hire of a probate lawyer to help the personal representative file for probate and complete the steps of the complicated probate process.
If your deceased loved one lived in Titusville, Florida, then you will have to hire an lawyer to help you through the probate process before you can settle their affairs and distribute the assets of the estate among the inheritors named in the Will. Your lawyer will help you understand the probate process for the state and county, and will ensure that the correct steps are taken in the correct order to get through the probate process as quickly and efficiently as possible.
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 Titusville Probate Lawyer because he or she 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.
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.
