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FAQs / Probate Process / How should I deal with the time and cost of probate?

How should I deal with the time and cost of probate?

The probate process can be a prolonged and expensive undertaking. There are many factors that can affect the course of administration, such as the complexity of the estate, the number of beneficiaries, and the number of potential creditors. One of the most important factors in assessing the total expense of the administration will be whether the interested parties are cooperating or are adversarial. An adversarial proceeding, such as a will contest, is going to greatly increase the amount of legal work and discovery required in order to settle the estate.

State law also affects the cost of probate. Florida, unlike many states in the northeast, has extensive requirements for the probate process, including that an attorney must hired in order to initiate a formal probate proceeding. Florida probate code also requires publication of notice to creditors in the local newspaper for two consecutive weeks in order to initiate the 90 day creditor period. Some typical expenses that you may experience during the probate process include an appraisal, the cost for a surety bond, court filing fee, legal fees, and cost of any accountings.

Probate Process FAQs

  • Where is probate handled?
  • Do I need the original will?
  • Do I need to file tax returns for the estate?
  • Do I need to give notice to secured creditors?
  • How are estate creditors handled?
  • How does the probate process work?
  • How is the Internal Revenue Service (IRS) involved in the probate process?
  • Is there a small estate exception to probate?
  • My spouse died and left a will leaving his assets to me and my children. Do we have to probate the will?
  • The decedent owed me money. How do I file a claim against the estate?
  • Are probate records available on the internet?
  • How should I deal with the time and cost of probate?
  • Do life insurance or retirement benefits need to go through probate?
  • What is a formal probate?
  • What is ancillary probate?
  • What rights do surviving family members have in probate?
  • What should I do to prepare for seeing a probate attorney?
  • How can I plan to avoid or minimize probate?
  • How long will probate take?
  • How can an attorney assist me in the probate process?
  • Why Is It Important to Know the Names and Addresses of the Family Members and Relatives of the Deceased?
  • What is probate?
  • What are Letters of Administration in Probate?

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    • Florida Probate
      • Asset Transfer
      • Estate Administration
      • Estate Planning for Survivors
      • Creditor Claims
      • Designated Beneficiaries
      • Estate Tax Returns
      • Lack of Capacity
      • Trust Administration
      • Undue Influence
    • Ancillary Probate
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    • Professional Executor
    • Wrongful Death
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