Legal Question in Wills and Trusts in Florida

Re: Probate

I believe you need an atty. to file the probate case and represent the Personal Representative. You may want to check with the Clerk's Office in that county. An average fee (including the Clerk's filing fee) would probably be around $1,000.00 to $1,500.00. But this could change if there was someone challenging some issue or a creditor causing some litigation. Often a family member or friend can't get to the bank acct. of the deceased to get the start up monies, thus, will advance the monies and get reimbursed from the estate once the original papers are signed by the court and they have access to any bank accts. 'Hope this helps. Tom Rosenblum, Jacksonville.

Re: Probate

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

This case can be filed under Summary Administration based on the amount of the assets. The cost is substantially less and publication will not be necessary. The fee will vary depending on the attorney. Shop around for one until you are happy with the fees quoted but an attorney will be necessary.

Scott R. Jay, Esq.

Re: Probate

An attorney is not necessary, however it is recommended due to the complexity of the Florida Probate Code. Provided that all assets are less than $75,000, summary administration would work for you.

Regards,

Michelle