Probate is the legal process that occurs after a person dies leaving personal and real property. This probate process is required for the court to authorize the transfer of this property to the heirs of the estate if there is a will. However, probate can occur with or without the existence of a will. If there is a will, then the court will first admit the will to probate. Once the will has been admitted, then the court appoints a personal representative to administer the estate. Florida probate law requires that every personal representative be represented by a licensed Florida attorney unless the personal representative is the sole interested person in the estate.
Our law office charges per hour to represent the personal representative with the probate process. The Florida Statutes state that legal fees of three percent (3%) of the estate with a value of no more than one million is reasonable. However, just like our law office, most probate attorneys charge per hour for their services and not based on a percentage of the value of the estate.
Once the personal representative has been appointed by the probate court, his or her initial duties can include the following tasks: