Probate fees are the actual filing fees, of $409, as well as the attorney fees. The Florida Legislature has actually created laws as to reasonable attorney fees. Most probate attorneys charge the statutory amount. The attorney fee is approximately 3% of the total estate, including Life Insurance, home, bank accounts, 401 K, and any other assets. As you can see, this can get expensive.

Well, there are two types of probate. A summary probate is done if the total assets are less than $75,000 and the time frame is approximately nine months. If the assets are greater than $75,000, then a full probate is necessary. I inform my clients to expect the process to take about two years. There are many involved steps, including:

• Identification and valuation of the assets
• Preparation of an inventory of assets and formal accounting
• Identification and notification of all possible heirs
• Assessment of validity of claims against the estate
• Publication of all legal notices
• Management of any real estate
• Application to the court to liquidate and distribute the assets
• Filing and payment of any federal income, estate, gift taxes
• Objections to improper claims
• Defense of any lawsuits brought by creditors
• Payment of any administrative expenses
• Distribution of assets to the beneficiaries
• Final Closure of the Probate Case