Winter Haven Probate - Probate in Florida
Being named the personal representative of an estate is much less an honor than it is a chore, and one that can be expensive, time consuming, and quite stressful if you do not already understand probate law. You will have to understand the process of probate, know the proper rules and laws to follow, and will spend much time filling out forms and other documents for the court system.
In Winter Haven, as in the rest of Florida state, this process is eased by the requirement that you hire a probate lawyer to help you through the process. Your probate lawyer will be able to take care of many of these details for you, allowing you to spend more time dealing with other issues, including mourning your loved one, and less time worrying about the minute details of the estate in probate.
A probate lawyer will understand that you are going through a difficult time, and will be able to help you cope with that by simplifying the probate process for you and your family. They will ensure that the probate time is as short as possible, although probates in Florida can run anywhere from six months to two years or more.
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 Winter Haven Probate lawyer because an Winter Haven Probate Lawyer 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.
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.
