Frequently Asked Questions About Probate and Trust Administration in Florida

Does a Florida Probate attorney charge a flat fee or an hourly rate?

According to Florida Statute 733.6171, Florida Probate attorneys are entitled to reasonable compensation payable from the Estate assets without Court order. By law, there is not a mandatory attorney fee, and the fee is not required to be based on the size of the Estate. Some Probate attorneys in Florida may charge a flat fee for their services, while others may opt for an hourly rate. The fee structure can vary based on factors such as the complexity of the estate, the size of the assets involved and the type of Probate administration required. Be sure to discuss costs with your lawyer during your free consultation.

Are there Court filing fees for Probate in Florida?

Yes, each county in Florida may charge different filing fees for Probate, depending on the county in which the proceedings take place. Factors such as the type of Probate Administration, the value of the Estate and the services required can influence specific filing fees in each county. Your Probate lawyer can advise you of the fees involved in your particular Probate Estate.

What happens if a person dies without a Will in Florida?

If an individual dies without a Will in Florida, the state’s intestacy laws dictate the distribution of assets to their closest relatives. The Probate Court will identify the surviving family members and allocate the Estate based on the legal hierarchy specified in Florida law. In cases involving minor children, the surviving biological parent typically becomes the sole guardian and beneficiary. The deceased individual’s Estate must go through the Probate process, which involves validating assets, settling debts and distributing property in compliance with intestacy laws. Asset distribution becomes more complex in the absence of a surviving spouse, descendants or clear beneficiaries outlined in the intestacy laws.

Can a Florida Estate Planning attorney help me avoid Probate?

A Florida Estate Planning attorney can help individuals develop strategies to potentially avoid or minimize Probate proceedings in Florida. Depending on the individual circumstances, they may advise the creation of a Living Trust and other Estate Planning documents. However, Wills form the foundation of a comprehensive Estate Plan, where you can designate specific people to inherit your cherished possessions. Married couples should each have their own Will — and for adults with minor children, a Will is a must because you can appoint a legal guardian in your Will to care for them if both parents pass away.

Can I place property into a Trust in Florida?

Yes, The process of transferring property into a Trust involves preparing and signing a new deed to ensure the legal transfer of ownership from an individual to the Trust entity. Working with experienced Estate Planning attorneys, individuals can legally and successfully place various types of property — including real estate, vehicles, investments and other assets — into a Trust in Florida.

How long does Trust Administration take in Florida?

The time it takes to settle a Trust can vary based on factors like asset liquidation requirements. For standard Revocable Trusts with outright distributions, the process could be shorter. Consulting a lawyer with experience in Wills, Trusts and Estate Administration helps to ensure legal compliance and peace of mind.