West Palm Beach Probate - Probate in Florida
When someone dies that is close to you, there are many things to deal with and a lot of questions that everyone in the family often wants answered. One of those urgent questions is when they should hire a West Palm Beach Probate Lawyer to look after the probate matter.
The good news is that you aren't under any cut-off date to hire a West Palm Beach probate lawyer, but the sooner you do it, the more answers you will have, which can help you to close this chapter of your lives. Hiring a probate lawyer as soon as you are ready is the key to getting the probate done and out of the way.
The Florida probate law requires that all probate that requires administration be handled by a lawyer. There are a few times when you will not require a probate lawyer to handle the administration on your probate - if you are doing disposition without administration or the decedent is a spouse and all the assets/estate was co-owned by both spouses. However, if your deceased spouse owned anything solely, then you will require a probate lawyer to deal with the probate of their estate. Disposition without administration usually comes about when the estate is small or when the personal representative of the estate is also the sole beneficiary.
Even simple estates can prove to be quite involved, which is why it's best to hire a probate lawyer as soon as you can to help you with the probate. The process of probate can be quite difficult if you are not an experienced 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 West Palm Beach Probate lawyer because an West Palm Beach probate attorney 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.
