Asked in Probate for Florida

Q: My mother recently passed away and I'm told I need to get a probate lawyer. Cost $1200 - I don't have that

I need to file her will, when I called the county office, they wouldn't give me any information other that - You need to get a probate lawyer. The will not be contested. My mother owned a home that will now need to be transferred out of her name, do I need a lawyer for this too?

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2 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: You don't need a lawyer to file the Will. If her estate needs to be probated, the Personal Representative must by law be represented by an attorney, unless there is only one person who may inherit. No clerk's office will give you any advice at all on any matter because they are not lawyers. You should have a lawyer represent you anytime you transfer real estate. If your mother's estate has any money/assets, the probate lawyer is paid from those funds. Talk to a probate lawyer.

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Probate Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Very sorry for your loss and the passing of your mom, please accept my condolences. Usually, the clerk of the court is extremely helpful and insightful to matters, in this instance they were not and were incorrect. You can take your Will (after making a copy) to the clerk of the court and submit/deposit it. You may or may not need an attorney for probate purposes, while it is true that in most instances you do need one, you sure do not need one to submit the Will (remember to make a copy before you submit it). Depending on the type of assets and their overall value will determine the type of probate that is needed. If the estate and assets are minimal, you may be able to file a disposition of property without administration on your own, clerk can provide the docs. or guide you to them, they are usually online in the county where the probate has to take place. Also, various law offices will work with you until you can access estate money and assets to pay the attorney for their services, while it is true that many may require $1500-$3500 as a retainer, all law offices are not like that and many will work with you based on your circumstances and needs. I would further add, a review of the specific circumstances and needs with feedback from a probate attorney will be helpful and needed, it will determine what, if anything, you should do next.

Bruce Alexander Minnick agrees with this answer

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