Finding the Right Florida Probate Attorney: Answers You Need

If you are serving as the personal representative, or executor, of an estate in Florida, you may feel unsure about how to choose the right Florida Probate Attorney. This can be especially confusing if you live outside of Florida or the estate is being handled in a different county.

Below are answers to common questions the attorneys at Statewide Probate receive about hiring a probate lawyer and understanding probate fees.

Should I Use a Lawyer Near the Courthouse?

Florida has many qualified probate attorneys in counties throughout the state, and some personal representatives may prefer to hire someone local to the courthouse.

At Statewide Probate, a service of the Pensacola firm of McDonald Fleming and Coastal Probate Trust & Elder Law, we are only local to the courthouse in Northwest Florida. However, in most probate cases, the attorney does not need to be located near the courthouse.

The documents and proposed orders filed by our probate and estate lawyers by mail should be the same documents a nearby law firm would physically deliver to the courthouse. In either situation, the client, or personal representative, usually does not have to appear in court.

We provide Florida personal representatives, wherever they are located, with a modern, efficient, and cost-effective way to handle their estate administration duties.

Do You Handle Probate Cases Throughout Florida?

Yes. Our Florida attorneys handle estates throughout the state, including Pensacola, Miami, Fort Lauderdale, Orlando, Sarasota, West Palm Beach, and many other Florida communities.

There may be rare temporary exceptions if a particular county is testing or enforcing unpredictable local probate procedures. In those situations, we may wait until the local process becomes more settled before becoming involved.

Does the Probate Lawyer Need to Be in the Same City or County as the Deceased?

Usually, no. Most probate administrations are uncontested and undisputed, which means neither the attorney nor the personal representative typically needs to go to court.

Most of the paperwork can be handled by mail, allowing many estates to be managed by any Florida-licensed probate attorney, regardless of where that attorney’s office is located.

If a court hearing is required, the attorney may sometimes be able to appear by phone. If an in-person court appearance is necessary, the probate lawyer can retain a local attorney for that limited purpose, with the client’s permission.

How Much Does a Florida Probate Lawyer Cost?

Florida law allows estate attorneys to charge fees based on a percentage of the estate value, often up to 3%. At Statewide Probate, we believe this type of fee structure can result in overcharging in many probate administration cases.

Depending on the size of the estate and the amount of time required, we offer both flat probate fees and hourly rates for attorney and paralegal services.

Do Not Overpay for Probate Fees: Schedule a Free Consultation

Should you pay more in probate fees simply because your attorney is local? At Statewide Probate, we do not believe so.

Our probate fees are based on the amount of work our legal team performs, not simply on the value of the Florida estate. To help you determine whether our estate attorneys are the right fit for your probate needs, Statewide Probate offers a free 20-minute probate consultation.

To speak with a qualified Florida probate attorney, contact our Florida lawyers today.