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Probate in Florida – What you need to Know

By Jonathan King Subscribe to RSS | December 24th 2011 | Views:
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Probate assets

Most people wonder what probate assets are and what can be contested in a law court with the help of probate lawyers in Florida. The fact is that probate assets are assets that are owned solely by the decedent and happen to lack any kind of succession guide upon the death of the decedent. The assets can bring lots of trouble as no one wants to be left out in the succession process.

The assets include things such as bank accounts that bear the name of the decedent. It is important to understand that the accounts only become probate assets when they bear the name of the decedent solely. This means that accounts opened jointly cannot pass for probate assets. A life policy of insurance also passes for the assets and so does individual accounts of retirement and annuity. They however can fail to pass when they have a chosen beneficiary.

A titled real estate in the name of the decedent is also an asset in probate. It is important to understand the assets that pass for probate and the lawyers found in Florida law firms can help in clearing the air for you before you can file any legal process.

Probate fee determination

When you feel that you need to take action, you will most definitely need the services of a personal representative, an attorney among other professionals. The fees for the services are determined differently as the professionals do not match each other in the level of presentation that they will have to offer you.

For the personal representative, you can expect the fees to be determined as it is set on the will, in a contract between the decedent and the personal representative or as agreed between the representative and those bearing the fee impact. The fee can also be determined as per the presumed amount under Florida law or determined by a judge.

For the attorney, the fee can be determined as per the agreement between him and the representative as well as the persons bearing the fee impact. The fee can also be presumed through the Florida law calculation or even determined by a judge who is applying law in Florida. This simply means that by getting the right professionals, you will get to pay a reasonable and legal amount for the services and therefore won’t have to worry about being overcharged.

Jonathan King - About Author:
If you're seeking for Florida Probate assistance with questions concerning a probate issues, visit Florida Probate Administration and Find a Probate law firm lawyer.

You can also read my blog at Jonathan King's blog.

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