Are you currently serving as the personal representative of an estate in West Palm Beach? If the estate is subject to formal probate you may be required to retain a resident agent that is a licensed Florida Attorney. Do you know how much they are going to charge? Fortunately Florida is one of the few jurisdictions that sets out the reasonableness of fees by statute.
When Do I Need a Probate Attorney
- If you do are probating an estate worth less than 75000 dollars then you may not need an attorney to assist in probate.
- That does not mean you do not want one.
- Failure to probate properly could spell personal liability for you!
- That being said if the estate is over that amount you are required to seek a resident agent who is a licensed Florida Attorney.
- This probate attorney will accept court documents on your behalf and advise you of the probate process.
- This begs the question how much is that attorney going to cost you?
How Much Does Florida Probate Cost
- Florida is one of a few states that sets out what a reasonable probate should cost you.
- Keep in mind that these numbers are just for a simple probate, it does not include extras like handling a will contest.
- The amount of the fee is based on how large the estate is.
- Have you read Fla. Stat. 733.6171?
- That is a good place to start.
- The basic fee schedule is set out as follows:
- $1500 for an estate with less than $40,000 of assets; and
- An additional $750 for estates not exceeding $70,000; and
- An additional $750 if the estate has assets exceeding $70,000 up until $100,000; and
- An additional percentage based on sums over that.
- For more specifics check out the statute.
- Has your probate attorney quoted you a higher fee?
- That does mean he is wrong, your case may be more complicated but make sure to ask why it justifies this higher fee.
- It is important to understand this statute just sets out what is presumed reasonable, not what is unreasonable.
- How much are you paying for West Palm Beach probate?
Want to learn more?
Check out the entire statute by clicking here.