Who Pays Probate Attorney Fees In Florida

Wondering about probate costs in Florida and who pays probate attorney fees?

The estate covers probate-related costs from the deceased assets.

Learn the fees and consider simplified probate or a probate lawyer based on your situation.

Who Pays Probate Attorney Fees In Florida
Who Pays Probate Attorney Fees In Florida. Source (Reddit)

Who Pays the Probate Lawyer’s Fees?

The estate covers probate-related costs from the deceased’s assets.

Expenses are a priority, ensuring equal impact on beneficiaries’ inheritances.

Probate lawyer’s fees come out of the estate before assets go to heirs.

The personal representative (executor) isn’t personally liable for expenses, and fees don’t disproportionately affect their share of the inheritance.

How Much Does a Probate Attorney Cost in Florida?

Not all estates need a probate lawyer. Smaller estates can use a simplified process, but many find the probate court’s complexities daunting.

In FL, most use “formal probates” requiring an attorney designated as attorney of record.

The probate attorney manages necessary filings, including inventory, creditor notices, and final accounting.

They assist with complex issues such as will disputes, taxes, asset location, appraisals, and creditor matters.

Experienced probate attorneys are well-versed in county-specific rules.

While the benefits of hiring a probate lawyer may be clear, what probate attorney fees should you expect?

When you hire a probate attorney, you’ll incur two types of costs:

  1. Attorney’s legal fees
  2. Probate expenses, including filing fees, publication costs, certified mailing, and probate court document copies.

The most significant expense is the attorney’s fee, which can be hourly, flat-rate, or a percentage of the estate.

Attorney fees vary, and you’ll need a consultation to understand their pricing. You’ll also receive a written contract detailing the engagement terms. In a typical Florida probate, attorney fees are the largest expense.

In addition to attorney fees, you’ll cover various probate-related expenses.

These costs are usually collected by the attorney, either as an initial deposit or as reimbursements.

Common expenses include court filing fees ($300 to $400), certified postage for notifying creditors and beneficiaries, publishing fees for legal notices in local newspapers ($100-$250), appraisal fees for real estate and valuable assets, and formal accounting fees.