Frequently Asked Questions
In Florida, probate costs typically include court filing fees (approx. $400+), publication costs, and attorney fees. Attorney fees are often governed by Florida Statute § 733.6171, which suggests a "presumptively reasonable" fee starting at 3% for the first $1 million of the estate. Florida Planning & Probate offers customized consultations to provide a clear fee structure based on the complexity of your case.
Yes. Under Florida Probate Rules, almost every personal representative is required to be represented by an attorney admitted to The Florida Bar. This ensures that legal notices, creditor periods, and tax filings are handled according to state law.
A: The duration depends on the type of administration:
Summary Administration: For estates under $75,000 or where the decedent has been dead for over two years. This can take 3 to 6 weeks.
Formal Administration: The standard process for larger estates. This typically takes 6 to 12 months, allowing for a 90-day creditor period and the final accounting of assets.
If there is no will, the estate is considered "intestate." Florida’s intestacy laws determine who inherits assets—usually starting with the surviving spouse and children. An estate planning attorney can help navigate these complex priority-of-inheritance rules.
If there is no will, the estate is considered "intestate." Florida’s intestacy laws determine who inherits assets—usually starting with the surviving spouse and children. An estate planning attorney can help navigate these complex priority-of-inheritance rules.
The primary difference is Probate. A Will must go through the court-supervised probate process to transfer assets. A properly funded Revocable Living Trust allows your assets to pass to heirs privately and immediately, bypassing the court entirely.
A Revocable Living Trust generally does not protect assets from your own creditors during your lifetime. However, an Irrevocable Trust or specific asset protection strategies offered by Florida Planning & Probate can provide significant protection against lawsuits and creditors.
Yes. In Florida, your primary residence is generally considered an "exempt asset" up to a certain equity value, provided you or your spouse intend to return to it. However, without a "Lady Bird Deed" or proper Medicaid planning, the state may attempt to recover costs from the home’s value after you pass away.
Florida Medicaid reviews all financial transfers made within the 60 months (5 years) prior to your application. If you gifted money or sold property below market value, you may face a penalty period of ineligibility. Early planning with an attorney is essential to navigate these rules legally.
Without a plan, your business interest could be tied up in probate, freezing operations or forcing a sale. Florida Planning & Probate helps business owners create Buy-Sell Agreements and succession plans to ensure the company continues to run smoothly or is sold at fair market value for the family's benefit.
Proper business formation (LLC or Corporation) is the first step. Advanced strategies involve "homestead" protections unique to Florida and the use of specific trusts to shield wealth from professional liability and judgments.