FT Myers Probate Attorney

When you need a Ft. Myers probate attorney, The Dorcey Law Firm is the experienced, affordable choice, designed to work with you and your uniquely busy lifestyle. Losing a loved one can be one of the hardest events in your life. Needing to dedicate hours upon hours to settle your loved one's estate can extend the mourning process and make it worse. If you have to add travel time because you do not live in the same city or neighborhood, the stress can become overwhelming. Hiring a reliable, experienced probate attorney to handle the process can prove to be invaluable, and can help you settle your loved one's estate much more quickly, causing less emotional pain and anxiety in the process.

Unfortunately, not all lawyers in this area of expertise are equally skilled. Many attorneys who handle probate do so as an additional service, rather than as a specialty. As such, they are not aware of the latest codes and the newest strategies for maximizing returns and minimizing what can be a lengthy process.

Take the complexity out of confusing legal matters with the help of a qualified Ft. Myers probate attorney. At The Dorcey Law Firm, we'll put our experience and keen insight to work for you, helping you to navigate even the most difficult issues. Our staff is well-versed in the various processes, codes and strategies. If you require a probate attorney, please call or fill out our online contact form today, and take the first step toward closing a complex and emotionally challenging chapter of your life.

• Florida Probate
• Florida Probate Process
• Hiring a Florida Probate Attorney

Florida Probate

The Florida Probate Process has been around for centuries, and started off as a thorough method in which to pass on your estate fairly to the next generation.  

In the old days, everyone lived in small towns, and the Probate Judge was generally a small business owner from the community.  In the event of a death, family members would take the Will to the Probate Judge; who was charged with determining if it was in fact the true Last Will and Testament of the deceased, and if it was free of any contests. He would then make sure all the creditors were paid, and only then could the beneficiaries receive their shares.   This process was fast because everyone knew the Probate Judge, and very few people were in debt to someone outside of their county or city.

Unfortunately, today we live in a global economy where few people know the Probate Judge of their county or city, and the process is not as expedited. There are numerous reasons for the decrease in speed including: the dispersion of creditors worldwide, requirements from the judicial system for Probate Attorneys to take each individual Estate through the Probate Process, and Will Contests are more prevalent.

The Florida Probate Process as well as the Fort Myers/Lee County, Florida Probate Process are as follows:

Florida Probate Process

In Florida, Probate is the Process of Proving a Will.  During such process the Probate Judge must:

• Determine clear ownership of all your assets before they can be distributed to your heirs/beneficiaries;
• Determine and pay all debts;
• Establish a clear title to all your belongings.

Then, your assets will be distributed according to your Last Will and Testament, or in the event of not having a will, the "Succession” statues of the State of the Probate.

All Wills must be Probated.  There are no exceptions to this rule.  A Will, and Probate are in fact the same thing.  A Will guarantees the Probate of your Estate; because Probate is the only legal way to take one name off your assets, and put on another after your death.

The size of the estate at death determines whether it will have to go through the Probate Process. In Florida, if the value of your assets exceeds $75,000; the estate will go through the Full Probate Process. However, if your estate falls in the category under $75,000; it will proceed through a much shorter process called a Summary Administration.

Florida Probate costs are not based on the size of your estate.  It is a statutory percentage. Therefore, it does not matter how large or small your estate is. Even on a small estate, probate costs can be 20% or more of the value of the NET estate.  See the illustration under Estate Planning.

If you are married, or if you own an asset jointly with someone else; the asset will not have to go through probate until the second owner’s death. Assets with named beneficiaries such as insurance policies, IRA's, and annuities will evade probate as long as the beneficiary is alive.  However, if the beneficiary is not alive, the insurance policies, IRA's, and annuities’ benefits may have to go through the deceased beneficiaries Probate. Please be advised that No competent Estate Planning Attorney would recommend that you attempt to surpass Probate in such a way.

The family of the deceased will not be notified by the court, or anyone else that they will have to process the Will through Probate. Consequently, they will find out that they cannot change the names on any of the assets until a judge has issued a name change. They will then be instructed to hire a Florida Probate Attorney.

Although the Florida Probate Processes and procedures vary slightly from other states, the traditional probate proceedings will include the following steps:

Hiring a Probate Attorney

• File a Petition for Administration to the Court;
• Publish Notice to Creditors of the Estate;
• Prepare & File an Inventory with the Clerk;
• Liquidate Assets to pay the Probate Costs and Creditors;
• File Tax Returns (if necessary);
• Pay Taxes, Creditors, and Probate Costs; and  
• Make Distributions to the Heirs/ Beneficiaries.
• On average, a Florida Probate costs 6-10% of a GROSS estate, and this is before any debts have been paid.

Pursuant to Florida Statute, presumed reasonable fees for the Estate Administration are as follows:

Florida Personal Representatives:

3% of the first $1,000,000 in assets;
Plus 2.5% of the next $1,000,000 to $5,000,000 in assets;
Plus 2% of the next $5,000,000 to $10,000,000 in assets;
Plus 1.5% of anything over $10,000,000 in assets.

Florida Probate Attorneys:

$1,500 of the first $40,000 or less in assets;
Plus $750 for the next $40,000 to $70,000 in assets;
Plus $750 for the next $70,000 to $100,000 in assets;
Plus 3% of the next $100,000 to $1,000,000 in assets;
Plus 2.5% of the next $1,000,000 to $3,000,000 in assets;
Plus 2% of the next $3,000,000 to $5,000,000 in assets;
Plus 1.5% of anything over $5,000,000 in assets.
Additional fees for the Florida Personal Representative and/or Florida Probate Attorney can be incurred for extraordinary services.

The Florida Probate process can be very time consuming. It can be expected currently in Lee County, Florida, to take an average of 18 months; with a typical range of 6 months to 3 years.

During the Florida Probate Process, the Florida Estate will lose all Privacy, and the Will and its Assets will become part of the public record. The Family will lose control of the Estate, and will have very little say in how it will be settled; only the Judge will have such authority. If property is held in more than one state, then Ancillary Probates in each state will be required. Therefore, traveling might also be required.

If all you have is a Florida Will, or an out of State Will; the only way probate will not be necessary is if your Estate falls below $75,000. However, if your Estate is not less than $75,000; then to Avoid Probate you must establish a fully Funded Florida Living Trust before your death. If not, the heirs will be unable to receive clear accounts without Probate approval.

If you are the named Executor/Personal Representative, or Family Member of an Florida Will or Florida Estate that must go through the Florida Probate Process; please Contact a FT Myers lawyer today  to schedule a consultation with a Florida Probate Attorney in Fort Myers or Lee County, Florida.