what an attorney does at probate

A probate attorney can help you, or the executor of an estate:

• Complete all required paperwork and file it with the court within all deadlines,
• Guide you through inventorying and valuation of the estate,
• Ensure all paperwork and documentation is completed properly,
• Identify and manage life insurance policy proceeds,
• Pay the debts of the estate,
• Advise the executor of the estate through their many duties and responsibilities,

Full Answer

Will you need to hire a probate lawyer?

You need to hire a probate attorney based on the type of estate plan your decedent has set up for you. When they have a will, trust, or both, you need to hire a probate law consultant. Based on the size of the asset, you may need to hire a probate attorney. If there is any contentious beneficiary, you need to hire a probate attorney.

How much do lawyers charge for probate?

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. Your lawyer may let you pick how you pay—for example, $250/hour or a $1,500 flat fee for handling a routine probate case. Many probate lawyers bill clients by the hour.

What is a probate lawyer and what do they do?

• Collecting and managing life insurance proceeds
• Getting the decedent's property appraised
• Finding and securing all of the decedent's assets
• Advising on how to pay the decedent's bills and settle debt
• Preparing/filing documents as required by a probate court
• Managing the estate's checkbook
• Determining whether any estate taxes are owed

How to find a good probate attorney?

How to Find the Best Probate Attorney for You. One effective way of finding a good probate attorney for you is to get a personal recommendation from someone you know and trust. Consider asking your friends and colleagues about whether they’ve had a good experience with a probate attorney near you.

Do I need a probate attorney in Florida?

Do I Need a Lawyer for Florida Probate? Yes, in almost all cases you will need a Florida Probate Lawyer. Except for “disposition without administration” (very small estates) and those estates in which the executor (personal representative) is the sole beneficiary, Florida law requires the assistance of an attorney.

How does probate work in Florida?

Probate, also called “estate administration,” is a court process that transfers assets owned by a deceased person to living people. When someone dies in Florida the things they own go to their family or, if they have a will, to the beneficiaries named in that document.

What are the stages of probate?

Here we provide a helpful guide to the probate process, which can be broken down into five key steps:Step One – The Immediate Post-Death Requirements. ... Step Two – Valuing the estate. ... Step Three – Preparing the IHT Return. ... Step Four – Applying for the Grant. ... Step Five – Post-Grant Estate Administration.

What questions are asked at a probate hearing?

The judge might ask the following questions at a probate hearing: Who are the beneficiaries of the estate? At this time are you currently aware of the estate assets and approximate values? Have the beneficiaries been served with the petition for probate administration or have they consented to probate administration?

Do you have to go through probate if you have a will in Florida?

Does a Will Have to Be Probated in Florida? Anyone who has possession of a will must file it with the county court after the person dies, according to Florida law. It doesn't matter whether the estate will need to go through probate. The will must still be validated by the court.

How much does an estate have to be worth to go to probate in Florida?

$75,000In Florida, the probate process is used to settle an estate, including all property, and assets of a deceased person. When a person dies, probate is required for any estate with non-exempt assets worth more than $75,000.

What assets are exempt from probate in Florida?

Assets that are exempt from probate in Florida include:Revocable Trusts. ... Designated Beneficiaries. ... Transfer on Death. ... Joint Title with Rights of Survivorship. ... Tenancy By Entireties. ... Florida Homestead.

How long does the probate process take in Florida?

6-9 monthsThe formal probate administration usually takes 6-9 months under most circumstances - start to finish. This process includes appointing a personal representative (i.e., the "executor"), a 90 days creditor's period that must run, payment of creditor's claims and more.

What does a probate lawyer do?

Specifically, here are some of the common tasks a probate lawyer may assist an executor and beneficiaries with during the probate process:

What is the job of a probate attorney?

Obtaining appraisals for the decedent’s real property. Assisting in the payment of bills and debts. Preparing and filing all documents required by a probate court. Determining if any estate or inheritance taxes are due, and making sure those debts are satisfied. Resolving income tax issues.

What happens to an estate when someone passes away?

When a person passes away, their assets must be disbursed in a manner consistent with state laws and following the directions they put forth when they were alive, as stated in their will . A probate lawyer guides the executor of will or beneficiaries of an estate through the probate process: From identifying estate assets and beneficiaries to distributing assets and inheritances.

How to contact RMO lawyers?

We’re happy to answer your questions. RMO Lawyers helps people just like you everyday. So, call anytime: (424) 320-9444, or email us at: [email protected]

Have questions about working with a probate lawyer?

We’re happy to answer your questions. RMO Lawyers helps people just like you everyday. So, call anytime: (424) 320-9444, or email us at: [email protected]

What does a probate attorney do?

What a probate attorney does. In general, a probate attorney manages the probate process. That means that they—or their paralegal or legal assistant—fill out forms to submit to the local probate court, get appraisals, keep track of relevant dates, and accompany you to court hearings if needed. These activities don’t require a law degree.

How much does a probate attorney charge?

Many probate attorneys charge a flat fee for probate cases. This fee could range from $3,000 to tens of thousands of dollars, depending on the attorney and the complexity of the estate. A flat fee provides certainty ...

What to do if you are named executor of an estate?

If you’ve been named executor of an estate or find yourself in a position to administer an estate, your first thought may be to hire a probate attorney. But before you rush to sign an agreement, you may want to think carefully about what a probate attorney does and whether you actually need one.

What is flat fee in probate?

A flat fee provides certainty to both the attorney and the client about the final cost of the project, but it may result in your paying for things you don’t actually need someone else to do — like a legal assistant filling out the probate forms.

How much does an attorney charge per hour?

While a flat fee is often the standard, more and more attorneys are willing to work on an hourly rate. Hourly rates could be anywhere from $150 to $300 or $400 per hour. With an hourly rate, you have the ability to limit your costs and contact the attorney only when you absolutely need to.

Which states require an executor to hire an attorney?

While many people think that the probate process must be handled by an attorney, only two states actually require that an executor hire an attorney for the process — Texas and Iowa. Florida also requires an attorney if there are more than two heirs.

Do probate attorneys charge a percentage of the estate?

Some probate attorneys still request a percentage of the estate. Only seven states allow attorneys to charge in this manner, largely because it’s almost always a bad bet for the estate. The fees are based on the gross value of the estate rather than the net value, aka the value after all the debts have been paid.

What do probate attorneys know?

Probate attorneys know how to navigate the process. They know what to do first, second, third, etc. , so the the estate administration moves at a good pace and the Personal Representative stays out of trouble with the court.

What is a good probate attorney?

As the Personal Representative you are held to a high standard of action. A good probate attorney helps you follow all the rules and stay out of trouble.

What is probate process?

Probate is a very procedure-driven process. You create some documents, you file some documents, you wait for a little while, you file some more documents, you do some other things, and eventually, you are done.

What is the goal of probate?

Communication is our number one goal with a probate, and making sure everyone understands what’s going on and what the process is like often makes everyone a lot more comfortable.

Is probate a slow process?

Probate is a notoriously slow process. There are timelines that have to be followed, and for many people, the pace of probate can begin to feel like the fault of the Personal Representative. This is a great place for your probate attorney to step in and calm everyone involved.

Can you do probate on yourself?

Probate is kind of like climbing Mt. Ranier. You can do it on yourself but it’s risky, or you can get a guide to show you how to make it to the top as smoothly as possible.

Is being a personal representative painful?

Being a Personal Representative doesn’t have to be painful. And we do our best to make sure your experience is as pain-free as possible.

What is probate estate planning?

Estate planning is a common practice area of probate law. As you can imagine, estate planning involves the detailed planning of what happens to your estate upon your passing. Your estate includes financial assets, real property, personal property, and more. When you take the time to speak with a probate attorney about estate planning, many areas can be addressed. Taxes, funeral arrangements, and transfer of property are just some of the areas that will be discussed with a probate attorney. At Bret Jones, P.A., we are determined to help answer all of your questions, and guide you so that all of your estate planning desires are met. We ensure that all of our client’s wishes are met to the best of our ability.

What is probate administration in Florida?

Probate administration deals with the process of distributing a person’s assets once they have passed, in addition to other factors. It includes paying the deceased person’s debts, and the general winding up of their affairs. In Florida, there are different types of probate administration. A probate attorney can help you during the probate administration process. At Bret Jones, P.A. we are very familiar with all aspects of probate law, probate administration being one of them. It would be our pleasure to help you with this other area of probate law.

What is a power of attorney?

A Power of Attorney is also a practice area of probate law that we address at Bret Jones, P.A. A power of attorney is a document that gives a specific person authorization to act on the behalf of another. Now, what that person, also known as the “agent”, is authorized to act on depends on the specific details of the document. One could create a power of attorney in order to have the agent deal with finances, health care decisions, and much more. What does a probate attorney do, especially when it comes to a power of attorney? When it comes to power of attorney, we do cover a lot of ground depending on the specific needs of our clients. Contact us at Bret Jones, P.A. for further information on powers of attorney, also known as a “POA”.

What is a surrogate designation?

The purpose of a health care surrogate is to designate someone who will make health care decisions for you in case of your incapacity. This does not necessarily have to be permanent incapacitation, but can be for times when you are only temporarily incapacitated as well. Although the health care surrogate designation may sound similar to the preneed guardian designation, there is a difference. Speak with us at Bret Jones, P.A. for further detailed explanations.

What Does a Probate Attorney Do?

In the simplest situations, they are knowledgeable on probate law and the nuances of specific state laws, and they may give legal advice, answer questions or direct the personal representative through the steps to complete the probate process.

Who is responsible for probate?

There are numerous steps to the process which the personal representative is responsible to complete. They can also be held liable for mistakes that may occur during the process. A probate lawyer can help them navigate this complicated situation.

What does a lawyer do after a will is paid?

Once the debts and taxes have been paid, the lawyer can help transfer assets from the decedent to the beneficiaries according to the directives in the will or according to state laws. They may be responsible for distributing the assets and closing probate for the estate once everything is finished.

What can a probate lawyer do to help pay debts?

Once the inventory is complete and creditors have been notified, the probate lawyer can help pay the debts of the estate. They may also assist with selling off assets to pay those debts if there aren’t enough liquid assets.

What happens if a contract is needed during probate?

If a contract is necessary during probate, a probate attorney may need to draft the document. For instance, a group of three siblings each inherits their parents’ home. Two of the siblings want to sell, but the third sibling wants to live in the home. The other two would need to sell their portions to the third sibling. A contract would be necessary to sell the property to the third sibling.

What happens when a business is owned by a deceased person?

When an estate includes a business owned by the deceased, a lawyer is often needed to close the business, sell it or transfer ownership legally. If the business was a partnership, the decedent’s portion must be sold or transferred to the partner.

Do you need a probate attorney for an estate?

Not all estates will need to hire a probate attorney. If the assets include a named beneficiary and the estate is below a certain dollar amount for value, the personal representative may not even need to go through probate.

What Does The Probate Attorney Actually do?

• No matter what their level of training and education, the probate attorney has an important job to do. Probate attorneys perform a number of vital duties, each one important to the proper settling of the estate and the proper distribution of the decedent’s assets. Some of the most important duties performed by the probate attorney include: 1. Follo...

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