The Benefits of Hiring a Florida Probate Attorney

When you die, your family and your assets go through the probate process, which is a legal process used to distribute solely the deceased’s property. Certain types of property are not subject to this process, such as property in a trust. In such cases, your personal representative will manage your assets and distribute them to beneficiaries in accordance with your valid will and Florida’s intestate laws. Proper estate planning is important to ensure that all of your family and friends receive a fair share of your estate.

Ancillary probate

An ancillary probate benefits of a Florida probates attorney include assisting with the appointment of the personal representative, which is the person responsible for handling the administration of the decedent’s estate. In Florida, a personal representative is a blood relative who must be a Florida resident. The personal representative has a number of duties, including inventorying the decedent’s property. The personal representative also needs to notify creditors and ensure that all legitimate claims are addressed.

Ancillary probates are usually needed when the decedent’s home state does not grant the right to administer the deceased’s estate in Florida. For instance, in states with a migratory population, ancillary probate is necessary to transfer legal title to assets that are in Florida. In such cases, the Personal Representative for the Estate (also known as the Executor) can petition the Florida probate court to admit the deceased’s foreign will.

Formal administration

Hiring a Florida probate attorney can be a huge advantage during the formal administration of an estate. Probate is a complex legal process and unless you are an experienced lawyer, you may have difficulty navigating it. Many family members do not understand the probate process or are not comfortable handling the legal process themselves. While there are a few basic procedures you can follow on your own, you should still consider hiring an attorney who specializes in the Florida legal system.

First, it is important to know that the personal representative of an estate cannot make decisions on behalf of the estate. For example, if an estate has large assets, a personal representative cannot liquidate them or negotiate with creditors. This can delay the final resolution of family affairs. In addition, a personal representative is not able to identify hidden assets and negotiate with creditors. Moreover, the timeframe for formal administration can extend up to two years.

Summary administration

A Florida probate attorney can be a valuable asset in the case of summary administration, an alternative to formal administration. The process begins with a petition, which is distributed to the surviving spouse and signed by him or her. The petition must meet certain requirements and be filed with the probate court. A Florida attorney can help draft the petition to ensure that it meets those requirements.

One of the most important factors for filing a petition for summary administration is the level of estate assets. If a property is worth $75,000 or more, it will likely qualify for this type of exemption. If the value of the estate is below that threshold, it will require a more comprehensive estate plan. In some counties, the probate court will allow the process to proceed within the usual timeline. However, other judges may impose a waiting period of three months before entering an Order Determining Homestead.

Costs

A Florida probate attorney usually charges a set amount of fees for handling the probate process. These fees are based on the complexity and size of the estate. An experienced probate attorney will be able to give you an accurate quote based on your individual situation. Understanding these costs will help you determine whether you can handle the probate process on your own or if you need the help of an attorney.

Probate can be a long process. Depending on the complexity of the estate, it can take months or even years. In Florida, a simple case will take between six and nine months. During this time, your assets will be unavailable to you and may cause financial hardship.

Fees

The fees of a Florida probate attorney depend on the size of the estate and the lawyer’s level of expertise. The state of Florida defines a reasonable attorney’s fee based on the value of the estate, which includes all assets that must pass through probate as well as any income earned during the probate process. Certain types of personal property and homestead property are excluded from this value.

The main cost of probate in Florida is related to attorney fees. While some attorneys charge a flat fee, others charge by the hour. The amount of reasonable attorney fees depends on the size of the estate and the complexity of the estate. The amount of attorney fees is the largest portion of the overall cost, so it is imperative to carefully consider the fees before hiring a Florida probate attorney.