Legal Question in Wills and Trusts in Florida
Are Probate legal charges determined by percentage of estate value or by an hourly account?
3 Answers from Attorneys
For Probates, Florida statutes have a scaled fee schedule for ordinary services which is partly based upon a percent value of the estate. Hourly fees are typically charged for something called 'extraordinary services' (i.e. non-standard probate charges).
Generally, it is by a percentage of the estate and in accordance with the fee schedule provided in the Florida statutes. However, you may work out a different arrangement with your attorney depending on the circumstances, and this would be reflected in your fee agreement. Regards,
Also, if the Probate is for a "Summary Administration" (usually an Estate smaller than $75,000.00) many attorneys will simply charge a flat fee plus costs. The price varies slightly by jurisdiction, and individual attorney.