Volusia County Probate - Probate in Florida
When a Volusia resident dies, their estate must go through probate if it is worth more than $75,000. This is a requirement of Florida estate law that ensures the deceased's estate pays all debts and taxes owed before assets of the estate are distributed to beneficiaries. During probate the estate is administered by a personal representative, who is usually the executor of the estate as nominated in the will of the deceased.
Most cases of Volusia probate require that a probate lawyer be hired by the personal representative of the estate. Florida probate law requires this for two reasons. First, probate law is very complicated, and probate is difficult if not impossible for the executor to manage alone, without legal advice. Second, probating a will is an emotional time for relatives and loved ones of the deceased, and it is difficult to remain objective at this time.
There is just one situation in which the legal requirement for a probate lawyer can be waived. When the personal representative of the estate is also its sole beneficiary, the estate is typically much easier to administer and see through probate, and in these cases the law does not require a probate lawyer be involved. However, because the Circuit Courts at which probate hearings and other process take place do not provide any legal advice, it is often recommended that professional advice be sought in these cases, just to make sure that probate is completed without errors or delays.
A probate lawyer can assist with most tasks involved in probate, and is particularly well situated to take care of those which must be carried out locally. The probate lawyer can file the petitions that begin and end probate, prepare and file relevant documents, attend probate hearings, notify interested parties (such as creditors and beneficiaries) that probate is in progress, arrange for the preparation of tax returns, and arrange for inventory and appraisal of the estate to be completed.
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 Volusia County Probate Lawyer because an Volusia probate attorney would be more familiar with the local Judges and Court system, and that would prove very helpful.
They will also be able to ensure that each stage of probate is completed on schedule, so that probate can be finished with a minimum of delay. The average Florida estate completes probate within six to twelve months. However, if the estate owes Federal taxes, probate may take up to two years to complete.
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.
