Final Probate Estate Without A Lawyer
Description
How to fill out Contest Of Final Account And Proposed Distributions In A Probate Estate?
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FAQ
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.
In Florida, a probate lawyer gets paid from the estate's assets. After the decedent's taxes and other fees are paid, the assets are used to pay for the probate lawyer. While you may have to pay the attorney's fees upfront, the estate will reimburse you for this cost.
If property, bank accounts, insurance policies, annuities, 401K plans, and all assets have beneficiaries or joint owners, probate is unnecessary. However, without a will or trust all assets must pass through probate court if no beneficiary or joint owner is named.
There are two types of probate administration under Florida law: formal administration and summary administration. There is also a non-court supervised administration proceeding called ?Disposition of Personal Property Without Administration.? This type of administration only applies in limited circumstances.
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.