While Florida law provides for disposal of your property in case you die without a will, if you want a say so as to who your heirs will be, what they will get, and who will make sure your wishes are carried out, you should have a will.
Probate is the name for a proceeding in court in which the court supervises the disposal of your assets at death. If there are assets you own at death and they have not already been disposed of, a probate proceeding must be performed.
That depends upon what you own, who needs to be notified, whether there are creditors to be paid, and how much work needs to be done to get all bills paid and the assets distributed to the heirs. The minimal amount of time for a “formal administration” probate procedure is about 5 months if all goes well.
Again, it depends upon the amount of work it will take to do the above. Florida statutes provide a guide for the fees of an attorney and a personal representative in probate matters. Minimum fees for an attorney and personal representative approximate 3% of probate assets in a “formal administration” probate procedure.
There is a common kind of probate for small estates known as a Summary Administration that can take a much shorter time and can cost less than a “formal administration” probate procedure.
Keith Ringelspaugh PA has been representing Landlords and Lenders in matters of Landlord/Tenant Eviction Law and Mortgage Foreclosure Law for over 35 years.!Real Estate Law
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