Legal Question in Wills and Trusts in Florida

Re: attorney fees

For a simple probate the average fee is $1,500 for the attorney, plus the filing fee which is set by the county. The attorney fee can be found at section 733.106 and section 733.6171 of the Probate code.

Re: attorney fees

Generally, probate attorneys only take a percentage up front or nothings at all. They often bill throughout administration. But, they certainly have the right to ask for fees and/or expenses up front. How much they charge also varies but is usually based on the size of the estate or is a flat fee rather than hourly.

As for other expenses, it depends on your arrangements with the funeral home etc. Generally, the funerals are paid for right away.

Re: attorney fees

Your question is too broad to answer easily. It depends on the type of assets, whether there is a will, number of beneficiaries/heirs, cooperation of the parties, etc. My fees for probate run from less than a thousand, to considerably more for the larger, more complicated estate. You need to talk to several attorneys to discuss the details of the probate and ask them for a quote. The bottom line is that attorneys fees are negotiable, although Florida statutes do set out a fee of 3% for a moderate estate as a "reasonable fee". My fees are usually considerably reduced from that percentage, and I usually charge a set fee. Hopefully this is helpful.

Frank J. Pyle, Orlando, 407-872-1965