Probate

Probate is the legal process of transferring property after death through the following steps:

1. Validating the Last will & Testament
2. Gathering assets
3. Notifying and paying creditors
4. Paying taxes
5. Distributing property to the beneficiaries

It is a cumbersome process, but Emma will strive to make it as easy for you as possible.

If there is no Last Will & Testament or if the Will is invalid, the Florida intestacy laws control who inherits the estate. Because the intestacy laws may not match what the decedent wanted, it’s important to have a valid, attorney-drafted will. You will not know whether the Will is valid until after death. To have Emma help you with a Will, click here.

Summary Administration is an abbreviated probate proceeding where the Court does not appoint a personal representative or Executor. Summary administration is much faster and cheaper but it is only available if:

Formal Administration is generally required when the Estate assets exceed $75,000. This is the process described above where an administrator/executor collects assets, pays debts, pays any necessary taxes, and distributes the remaining assets to the appropriate people.

Florida Statute 733.6171 lays out a reasonable attorney fee to administer an estate and can be viewed by clicking on the statute.

Please note that the estimated fees below do NOT follow the statutory formula. Emma sets a flat fee based upon the work that she believes is required and not only the value of the estate. Please note that these fees are simply a sample and a flat fee will be set for you after Emma talks to you to evaluate your situation. Things that can affect the flat fee include the likelihood that the will is contested, number of creditors, difficulty in finding a beneficiary/heir, etc.

*The above fees do not include court filing fees, postage, and other out-of-pocket expenses.