Legal Question in Wills and Trusts in Florida
Probate in Florida
My wife and I are doing simple wills. Must a will in Florida go to probate? If so, how is the cost of probate figured?
Thanks
Tom
2 Answers from Attorneys
Re: Probate in Florida
Probate is necessary if you have assets that are considered part of your probate estate. It is possible that all your assets are held jointly with rights of survivorship so that probate would not be required to transfer title to the surviving spouse. Without seeing your will and without knowing what your assets are and how your assets are titled it is difficult to say if probate would be neccesary in your specific case. The costs of Probate vary. You could pay an attorney by the hours worked or payment could be a percentage of assets or you and your attorney could simply agree by contract on figure. There are general answers to probate questions on my web site, www.flprobate.com.
Re: Probate in Florida
In addition to attorney fees, the cost of probate in Florida depends on the county, size of the estate, and type of probate (Formal Administration, Summary Administration, etc.). Typically the initial filing does not exceed $200.