Hi; My goal is to provide you with great service - if you have any questions during our chat, please ask! I'll do my best to ensure your satisfaction! I'm sorry for your family's recent loss. One moment please as I get this information for you.
Since there is more than one beneficiary (heir) an attorney is required.
You may want to find an attorney that will let you prepare the paperwork, with the attorney reviewing it and filing it - so as to save some money.
Here is the link to the price the court charges for filing fees: http://www.duvalclerk.com/ccWebsite/Probate.department
Probate Rule 5.030 is the rule that requires an attorney.
The will needs to be deposited with the court within 10 days of her passing. If you have not done this yet, you should do it as soon as feasible. Generally the court won't sanction a party as long as there was no attempt to avoid probate.
Here is some general information regarding the probate process: http://www.floridabar.org/tfb/tfbconsum.nsf/48e76203493b82ad852567090070c9b9/92f75229484644c985256b2f006c5a7a?OpenDocument I'm not sure where your mother last resided- I presume Manatee- but the county where she last resided is where probate should be opened.
Thank you. Is there anywhere to find out what other attorneys charge for this service? Or if someone charges a flat fee rather than a percentage?
You would need to contact the various firms. Or you can do a google search (ie attorney manatee county probate flat fee). Let me see if the state bar has a referral link.
http://www.floridabar.org/tfb/TFBConsum.nsf/840090c16eedaf0085256b61000928dc/ec2322e512b83d1e85256b2f006cc812?OpenDocument Also see: http://lawyers.findlaw.com/lawyer/practicestatemetrocounty/probate-estate-administration/florida/sarasota-bradenton/manatee for a directory. And as executor, you can bill the estate for the fees, rather than personally paying them.
Ok, thank you very much.
You are welcome. If you do find a listing on the second link, please verify the attorney is in good standing with the bar (no disciplinary action). Also I googled that and there are lots of firms doing flat rates.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).