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.
ALTHOUGH YOU ARE NOT REQUIRED TO HAVE AN ATTORNEY FOR CERTAIN PROBATE PROCEEDINGS, ONLY AN ATTORNEY CAN GIVE LEGAL ADVICE. IF YOU CHOOSE TO PROCEED WITHOUT AN ATTORNEY, AT ANY TIME IN YOUR CASE YOU MAY OPT TO HIRE ONE.
Formal administration is required for any estate with non-exempt assets valued at over $75,000 when a decedent died less than two years ago. Formal administration is also required any time that a personal representative is needed to settle the affairs of the decedent.
It is recommended that you seek advice from a lawyer There is no law that says you must use a lawyer, but the application forms for probate are designed for people with legal knowledge and must be completed in a specific way.
The probate bond is a key financial safety net. It protects the interests of estates and their heirs during the administration process. The executor or administrator pays for the bond at first, but can get reimbursed from the estate's assets.
Can you probate a will in Texas without a lawyer? Yes, but it's not always recommended — and some Texas counties don't allow a will to be probated without a lawyer. If you plan to apply for a probate alternative (like a muniment of title or an out-of-court affidavit), you don't need to hire an estate attorney.
Probate is the legal process of validating a will and distributing assets, which often requires legal aid. Many families worry about covering these attorney costs. But, in Texas, the estate typically covers probate attorney fees.
If you are dealing with an estate where you are the only beneficiary or heir, you are not legally required to hire an attorney. If the estate has more than you as the beneficiary or heir, then you do have to hire a probate attorney.
Probate attorneys are required in most probate cases in Texas.
Monica Limon, Auditor Note: The probate.auditors@traviscountytx email address is the email to use when submitting back-up or when contacting either of the Probate Auditors unless you're replying to an email from one of their individual email addresses.