6 Ways to Avoid Breaching Your Duty as Personal Representative, Complete Guide to Creditor Claims in Florida Probate, Complete Guide to Attorney’s Fees In Florida Probate, Complete Guide to Personal Representative Fees in Florida, Exempt Property Under Florida Probate Code, Interim Distributions from Probate Estate in Florida. If you are an attorney or personal representative (executor or administrator) of an estate, then this post will outline the work for which you may seek additional compensation. Florida Homestead, Divorce, Second Spouses, and Life Estates, The Petition for Discharge and Plan of Distribution. (3) Conducting an inventory of the estate (compiling all assets and debts); There’s a specific formula used for calculating ordinary probate attorney costs, based on the value of the estate. Hourly rates vary depending on where you live and how experienced (and busy) the lawyer is. Challenge Marriage After Death in Florida Probate, Loss of Consortium Claim Survives Death of Spouse. Still, the fees can appear unreasonable to some clients (especially those with larger value estates) because the percentage comes from the gross value of the estate and not what it’s worth minus debts such as mortgages on properties. Section 733.6171(3) states that a percentage of the value of the estate is presumed reasonable if calculated based on the percentage schedule: 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. Attorney fees are paid in connection with Florida probate, for administration and litigation purposes. Lawyers usually use one of three methods to charge for probate work: by the hour, a flat fee, or a percentage of the value of the estate assets. (d) For estates having a value in excess of $100,000, at the rate of 3 percent on the next $900,000. 2d 208 (4th DCA 2002) (consideration of extraordinary fees). Fees computed on hourly basis or on percentage method. If you’re seeking to transfer ownership of property, a quitclaim deed is a fast and easy method but it's only recommended in certain circumstances. Complete Guide to Surviving Spouse Rights in Florida. Get the right guidance with an attorney by your side. Attorney's fee, estate administration, Probate The actual costs and fees will depend upon the size of the estate, the nature of your assets, and the attorney that you retain to represent the estate. Admittedly, attorneys aren’t exactly known for being cheap and often require a retainer fee be paid up front. All actions brought under this section, BUT no fees against a party who, in good faith, initiates an action under this section to declare gift void, (1) In all probate proceedings, as in chancery, (2) To named personal representative or will proponent if nominated personal representative does not act in reasonable time, Good faith justified offering will for probate even if probate denied or revoked, Estate (discretion to direct from what part, no bad faith finding required), As in chancery (attorneys fees and guardian ad litem fees), For a proceeding arising under 732.615 (Reformation to correct mistakes) or 732.616 (Modification to achieve testator’s tax objectives), Against personal representative personally, Any action for enforcement of debt described in section (Personal representative lien on homestead property). This is because not only the probate court but also the IRS must approve the fees an estate attorney Do some hard searching around for a lawyer who specializes in probate. Here are the basics so you'll know what to expect. Common estate planning methods for avoiding probate include the following: Remember that hiring a probate lawyer is not required during the process, but if you are an administrator or executor of an estate, you might want to speak with an attorney for advice. The probate court can award extraordinary probate fees to the attorney, the executor, or a paralegal. Of course, there will be miscellaneous fees for items such as publication of the probate notice, fees associated with the probate referee, and fees for certified copies of court documents. Complete Guide To Attorneys’ Fees In Florida Probate. (b) An additional $750 for estates having a value of more than $40,000 and not exceeding $70,000. has been working with LegalZoom since 2004. 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