What Are Some Misconceptions People Have About The Probate Process?

One misconception people sometimes have about the probate process is, that they believe there is no need for probate. People often try to get assets from an estate without going through probate, and then learn that there’s a probate process that needs to be followed before anything gets distributed or allocated to heirs or beneficiaries of the estate.  There are situations in which probate is not necessary, but it is best to learn that from an experienced probate attorney before attempting to get the decedent’s assets transferred on your own. Another misconception is that probate is a legal nightmare. Some think that it will take years to complete and is horribly expensive.  This is seldom the case.

Normally the attorney and client (the personal representative) sign a fee agreement, which will set out the terms of the attorney’s representation and the charges and costs to the Estate. Attorneys are permitted to charge estates based on a standard of reasonableness provided for under Florida law, which is a modest percentage of the estate for ordinary services, and if necessary, an hourly rate for extraordinary services (work that is outside of the context of probate), if any are necessary. For some probate estates, it is more appropriate or practical for the attorney to charge a flat fee, or to probate the estate for an hourly rate.

For more information on Misconceptions About Probate In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (352) 369-0664 today.

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