Legal Question in Wills and Trusts in Florida
Probate dismissal
What does it mean when a probate has been dismissed for inactivity?
What percentage are paid to the executors? For example, is it a flat fee or is something of 3, 1 or 10%?
1 Answer from Attorneys
Re: Probate dismissal
Probate closed for inactivity means that no one has filed any papers with the court for quite some time and the court, on its own, has closed the case. Without reviewing the file it is impossible to tell how much of the probate process was completed at the time the matter was closed.
A personal representative may ask for reasonable compensation for their efforts. In most estates 3% of the value of probate assets is considered reasonable. There are, of course, circumstances where a personal representative would recieve more or less than 3%.