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What should I know about the probate process in Florida?

| Oct 15, 2014 | Estate Administration

When your loved one passes away, you might be ready to immediately handle their estate so that you can move forward with your life. Understanding some basic information about the probate process in Florida might help you as you embark upon the process.

How long will it take to get the estate probated?

The amount of time it takes for an estate to go through probate varies depending on the estate. Many larger estates are required to file an estate tax return. For those estates, you might be looking at 18 months to two years in probate. Much smaller estates might not take very long. The estates that aren’t large enough to have to file an estate tax return might take four months to a year to close.

Is going through probate expensive?

There are several factors that affect the expense of probate. Estate filing costs, the amount of time it takes to go through probat, and the size of the estate are some of the factors you have to consider. The Florida Probate Code offers a schedule that lists what it considers to be reasonable fees for attorneys. While it isn’t required that attorneys follow the schedule, many do. Finding out a lawyer’s fee schedule ahead of time might help you to better determine the cost of probate.

Should I get a lawyer for the probate process?

In Florida, you will likely need a lawyer for the probate process. The exception to this is if you are the only person who has an interest in the estate. The lawyer who represents you must be admitted to practice law in Florida.

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