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.

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