Union County Probate - Probate in Florida
According to probate law, when a resident of Union (or any other Florida county) dies, their estate must go through probate if it is valued at more than $75,000. The process of probate is designed to ensure that money for payment of taxes and debts accrued by the decedent or their estate is set aside before the remaining assets are transferred to the deceased's heirs.
The typical estate will be in probate for at least six months, but usually no more than twelve. If, however, the estate owes Federal taxes, probate may take up to two years to complete.
In most Union probate cases, it is required by law that a probate lawyer be hired to represent the estate. The only situation in which this legal requirement can be bypassed is when the executor of the estate is the sole beneficiary. However, even in such cases seeking professional legal advice is a very good idea, simply to ensure that probate is completed quickly. Additionally, probate courts are unable to provide legal advice, and hiring a probate lawyer is the only way to obtain such advice.
In addition to providing legal advice, a Union probate lawyer can handle most of the duties associated with probate, including those which must be carried out locally (such as attending probate hearings). The probate lawyer, acting on the requests of the representative, can file the petitions that begin and end probate, attend probate hearings, inform creditors and others with an interest in the estate that probate has begun, arrange for inventory and appraisal of the estate's assets, arrange for the preparation of tax returns, and locate hard-to-find heirs of the estate.
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 Union Probate lawyer because an Union probate attorney would be more familiar with the local Judges and Court system, and that would prove very helpful.
The Union probate lawyer will also ensure that all of these tasks are carried out correctly according to legal requirements, and that each task is completed on schedule, so that probate can be finished up as quickly as possible.
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.
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. Contact a Union County Probate Lawyer today!
