When all the expenses are calculated ? including appraisal expenses, fees charged by the personal representative, court fees, costs for a type of insurance policy referred to as a “surety bond”, along with fees for legal and accounting services, the overall cost of estate settlement can range from 3% to 7% of the total value of the estate. In the event of a dispute over the will, the cost will significantly rise.
The expenses associated with estate settlement may be determined by state legislation or by the prevalent practices and customs in your locality.
Settling an estate through legal channels can be quite costly. The fees for this process are determined based on the total value of your estate, before any deductions for debts or mortgages. For example, if you have a property worth $200,000.00 but owe $150,000.00 to a bank or another financial institution, the fees for settling the estate will be calculated based on the entire $200,000.00 value, rather than just the $50,000.00 equity interest that you actually own.
Florida allows for the payment of “reasonable attorney fees” to probate lawyers. According to Florida law, a reasonable fee is calculated as 3% of the gross estate plus an additional 1/2% if a tax return is filed. In addition, there may be fees for other services related to the general probate process, which can average around $400 per hour in South Palm Beach County. These reasonable fees can consume a significant portion of a small estate’s assets and a substantial amount of a medium or large estate. Every dollar spent on probate costs is a dollar that could have gone to the family.
Another cost of probate that is often overlooked is the loss of control. Many decisions requiring immediate action may be delayed as court approval is necessary for these decisions.
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