74-106; s. 80, ch. And, that fee doesnt necessarily include everything that might arise in the course of administering the estate. Note: Homestead property is not counted toward the compensable value of the estate. If you do not have any money to pay upfront, then the attorney will be paid from the assets of the estate. When someone passes away in Florida, its common (but not always a given) that their estate will have to go through the court process known as probate. Matthew Alan Linde. Plan for the unexpected! However, except for references in the will to the personal representatives regularly published schedule of fees in effect at the decedents date of death, or words of similar import, if there is no written contract with the decedent regarding compensation, a personal representative may renounce the provisions contained in the will and be entitled to compensation under this section. Total fees were between $2,500 and $5,000 for 20% of readers, while slightly more (23%) reported fees between $5,000 and $10,000. Free Consultation Offers Video Conferencing Probate and Estate Planning. 2001-226; s. 1, ch. The changes take effect on March 7, 2022. Fort Myers, FL 33907. If this is the case, most often a court will allow you to forgo the bond. Fort Myers Probate Lawyers | Compare Top Rated Florida Attorneys - Justia PDF Attorneys' Fees in Florida Probate Other than compensation payable to the personal representative, this subsection does not limit any rights or remedies that any interested person may have at law or in equity. Whether a person whose part of the estate is to be assessed unjustly caused an increase in the amount of costs and attorney fees incurred by the personal representative or another interested person in connection with the proceeding. Jacksonville, FL 32211. Probate Calculator - Mark Moss Law In fact, with limited exceptions, Florida law requires the personal representative to retain an attorney. This does not include costs associated with will challenges, disputes among beneficiaries, creditor claims, spousal elections, and most of all family stress, your peace of mind, and delays of up to 3 years or more in the beneficiaries getting the frozen assets. This website is for informational purposes only and does not contain legal advice. However, these fees can vary greatly depending on the state in which you live and the cost of the asset going through probate. 3. How fees are determined depends in part on the attorney you choose. X,"{37 yo<6k9V2%X;/c0 V Three percent of the estate value for estates between $100,000 and . For example, there are retirement accounts and bank accounts totaling $250,000, the homestead property with a fair market value of $200,000, and a rental property with a fair market value of $125,000.
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