CALL FOR A CONSULTATION
CALL FOR A CONSULTATION
CALL FOR A CONSULTATION
When a loved one passes away, his or her estate often goes through a court-managed process called probate or estate administration where the assets of the deceased are managed and distributed. If your loved-one owned his or her assets through a well drafted and properly funded living trust, it is likely that no court-managed administration is necessary, though the successor trustee needs to administer the distribution of the deceased’s assets. The length of time needed to complete the probate of an estate depends on the size and complexity of the estate and the local rules and schedule of the probate court.
The time limit to file for probate after death varies by state, and it’s important to consult with a probate lawyer to understand the specific deadlines in your jurisdiction. In Florida, the executor or the person in possession of the deceased’s will is required to file the original will with the appropriate court within 10 days of learning of the death
A probate lawyer specializes in the legal process of administering the estate of a deceased person, resolving claims, and distributing the deceased person’s property under a will or as per the state’s intestacy laws.
The cost of a probate lawyer can vary based on factors such as the complexity of the estate and the lawyer’s fee structure. It’s advisable to discuss fees and payment arrangements with the lawyer during the initial consultation.
In most cases, the fees for a probate attorney are paid from the assets of the deceased’s estate. This means that before the estate is distributed to the heirs or beneficiaries, the probate attorney’s fees, along with any other expenses associated with administering the estate (like court fees, costs for appraisals, etc.), are settled using the estate’s funds.
Probate papers, including the original copy of the Will, should be deposited with the clerk of the Court in the venue of the decedent’s estate. The custodian of the Will must complete this deposit within 10 days of receiving notice of the testator’s passing, as specified in Section 732.901 of the Florida Statutes. It’s important to note that there is no fee associated with depositing the Will with the clerk of Court.
However, when initiating a probate matter, a filing fee is required and must be paid to the clerk. Upon submission of the necessary documents, the clerk will assign a unique file number to the probate case. This file number serves as a reference for all proceedings related to the decedent’s estate.
