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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.
Self-represented (pro se) litigants may file petitions or other pleadings or documents in person with the Clerk of Court, by mail, or electronically using the Florida E-Filing Portal. Contact the specific county's Clerk of Court for additional information. What are the different types of probate proceedings?
Under Florida law, you are required to hire an attorney to assist you with the probate process in most situations. An attorney is not legally required in the following situations: Summary administration. Disposition without administration.
A creditor's statement of claim shall be verified and filed with the clerk and shall state: (1) the basis for the claim; (2) the amount claimed; (3) the name and address of the creditor; (4) the security for the claim, if any; and (5) whether the claim is currently due or involves an uncertainty and, if not due, then ...
For estates of $40,000 or less: $1,500. For estates between $40,000 and $70,000: $2,250. For estates between $70,000 and $100,000: $3,000. For estates between $100,000 and $900,000: 3% of the estate's value.
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.
The petition must be filed in the circuit court of the county where the deceased lived at the time of their death. If your documents are in order, the court will then issue a Letter of Administration stating that your petition has been granted approximately one month after filing.
Letters of administration are a legal documents, issued by a probate judge, that appoint a Florida personal representative to act on behalf of Florida probate estates. Letters of administration are issued as part of formal administration.