Probate/Estate | Tom McClellan | BHHS Florida Realty Skip to main content
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Tom McClellan

Sales Professional
Cell: (941) 720-1500
Office: (941) 720-1500

Attorney or No Attorney:     

  • In Florida it is not required for “Disposition without Administration”.A Summary Administration, these are very small an estate (less than $75,000. Valuation) with the PR is the sole heir/beneficiary.Also may be used when it involves a death occurred over 2 years ago.
  • Otherwise, Florida requires the assistance of an attorney.
  • Attorney can also be the PR
  • A Realtor will work with your Attorney
  • Like doctors, attorneys specialize also where some have multiple skills.You may need a:
    • Probate/Estate attorney,
    • Real Estate/Title Attorney,
    • Foreign owner Attorney (the descendant or you as PR are not a US citizen) ,
    • Eviction Attorney, (unwanted tenant or squatter)

Probate is a rather formalistic procedure. One minor omission, one failure to send Great Aunt Maggie a copy of the petition, or a missed deadline, can cause everything to come to a grinding halt or expose everyone to liability.

The death of a family member or friend sometimes tends to bring out the very worst in some people. Experience shows that even in close families there is a tendency to get overly emotional about relatively trivial matters at the time of a loved one’s death, such as who gets the dishes and who gets the glasses. Such minor matters or any delays or inconveniences can be upsetting, pose issues of fairness, and create unfounded suspicion among family members. Generally, it a good idea to “let an attorney do it”.

  1. Cost and Fees:
    1. Attorney fees in Florida Statutory reasonable ordinary service fees (Fla Stat Ann 733.6171).Homestead property is not included in the estate value.   
  • Value of estate up to  $40,000: $1,500
  • $40,000 to $70,000:$2,250
  • $70,000 to $100,000: $3,000
  • $100,000 to $1 million: $3,000, plus 3% of the value over $100,000
  • $1 million to $3 million: $30,000, plus 2.5% of the value over $1 million
  • $3 million to $5 million: $50,000, plus 2% of the value above $3 million
  • $5 million to $10 million: $90,000, plus 1.5% on the value above $5 million
  • More than $10 million:  $165,000, plus 1% of the value above $10 million