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AVOIDING PROBATE

Our Fees

WHY AVOID PROBATE?

CALL OR SCHEDULE AN APPOINTMENT WITH WILL & TRUST EXPRESS AND LEARN HOW TO AVOID THE FLORIDA PROBATE PROCESS!

Probate is a court-supervised process for identifying and gathering the assets of a deceased person, settling their legal and financial affairs, and distributing the decedent's assets to his or her beneficiaries.
Most who have experienced probate for a family member complain that it is an expensive, time-consuming hassle, one to be avoided if at all possible.

HERE ARE SEVERAL REASONS WHY YOU WOULD WANT TO AVOID HAVING YOUR ESTATE PASS THROUGH PROBATE:

1. IT'S ALL PUBLIC RECORD

Probate is a public proceeding. As with any court proceeding, the court hearings and documents in probate are completely open to the public.

2. YOUR CREDITORS ARE NOTIFIED

The personal representative has to formally notify all your creditors of your death. One of the primary purposes of probate is to afford creditors the opportunity to have their debts with the decedent settled through the probate process.

3. IT CAN TAKE A LONG TIME

Probate involves time and delay in administering and distributing the estate. Given all the court procedures and requirements of administering a probate estate, even the most simple and uncontested probate proceedings can take many months to a year. If there are claims, disputes, or other complications in the proceedings, the process can take much longer.

4. IT CAN BE EXPENSIVE

Probate usually involve significant court costs and attorney’s fees. Although parties certainly have the option to represent themselves in probate, due to all the procedural requirements in probate, which is usually quite different from the procedures in a typical lawsuit, attorneys are usually recommended in all but the simplest of probate estates.  
The Florida State Legislature has established a fee schedule of “reasonable attorney fees” for the probate process. See Florida Statutes Section 733.6171. Compensation for ordinary services is presumed to be reasonable if based on the following schedule:

(a) One thousand five hundred dollars for estates having a value of $40,000 or less.
(b) An additional $750 for estates having a value of more than $40,000 and not exceeding $70,000.
(c) An additional $750 for estates having a value of more than $70,000 and not exceeding $100,000.
(d) For estates having a value in excess of $100,000, at the rate of 3 percent on the next $900,000.
At Will & Trust Express, we show our clients how to keep themselves and their families out of probate. Using a variety of well-tested tools, we’ll guide you through a customized process to protect you, your privacy, your valuable time, and your money.
Please call us now if you would like to sit down for a free consultation with our attorney to talk about how to keep your loved ones out of probate.    
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