Probate

Whether probate is necessary after a person dies depends on the value and nature of the assets of the estate. If the deceased person owned assets in their name alone, probate may be necessary to transfer ownership of those assets to the beneficiaries.

If the deceased person's assets are less than a certain value, or if the assets are already held in a trust or payable-on-death account, probate may not be necessary. However, even if probate is not required by law, it may still be a good idea to open a probate estate in certain situations, for example if there are creditors that need to be paid or disputes among heirs.

Probate is the legal process by which the assets of a deceased person are collected, debts and taxes are paid, and the remaining assets are distributed to the beneficiaries. The process is typically initiated by filing a petition for probate with the appropriate court. Depending on the size and complexity of the estate, the probate process can take several months to a few years to complete.

It's typical for probate in Florida to take around 6-12 months for the simpler cases and can take longer for larger or more complex estates.

YOU are NOT responsible to pay the decedent's debts our of your own pocket.

When a person dies, their debts must be paid before their assets can be distributed to their beneficiaries. In most cases, the executor of the estate is responsible for paying the deceased's debts, including any outstanding mortgages, loans, credit card balances, and medical expenses. However, it is important to note that the executor will use the assets in the estate to pay these debts and can only pay these debts if the estate has sufficient assets to cover them. If the estate does not have enough assets to pay all of the debts, the debts will be paid in a certain order of priority established by law, usually starting with funeral and administrative expenses, then secured debt like mortgages, and finally unsecured debts like credit card balances.

Florida law provides a commonly used framework for attorney fees in probate cases. The relevant statute is found here: Florida Statute 733.6171. In most cases, the statute states that a reasonable fee is 3% of the value of the estate plus and income generated during the administration.

However, at The Preston Law Firm, we recognize that this statutory fee is not appropriate for all circumstances. Instead, we utilize a flat fee-based structure (see below). This way the client isn't surprised when it's time to pay the invoice.

In most cases, an attorney is required to handle a probate matter by Florida law. The few exceptions are (1) when the estate is so small (usually less than $6,000) that the estate is administered through a process called "Disposition Without Administration" and (2) when the Personal Representative (Executor) is also the only beneficiary of the estate. Even so, it is stull usually a good idea for the beneficiary in the second scenario to hire an attorney as the probate process is very complex. If you fall into the first scenario, you may obtain a Disposition Without Administration form from the local Clerk of Court's office.