Fees vary by state, and they can add up: In New York, they are 5% on the first $100,000 of the estate, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4 million, and 2% on the rest. There may be other fees, such as court fees, accounting fees, bond fees, or other miscellaneous fees.
If you aren't working with an attorney, you should contact the Surrogate's Court in your county and ask any specific questions you might have.
No Florida does not require you to use a lawyer to probate an estate, but probate can be complicated
Yes. The amount an executor can charge for their services is set forth in the state probate code.
The first step is to become a lawyer. That requires law school and passing the bar for the state in question. Part of the schooling will deal with probate and trusts. If you have the opportunity you will want to take probate tax and any other probate courses available. Then get a job with a law firm that specializes in estates. They will give you on the job trainings.
In the United States, wills and probate are under state law. If there is a probate lawyer, ask him. In this state probate law has a provision for that.
Yes.
You can look for them in the phone book or the internet. One the internet, you may want to check the state's bar web site, they may list attorneys by area of practice. In this case you are looking for a probate or estate lawyer. The other way is to ask friends who they would go to.
Yes, if the sale is made according to state law. A court appointed personal representative must sell the property while the estate is "still in probate". After the probate procedure is completed the estate has been distributed and they no longer have any authority.
A last will and testament is needed to probate an estate and determine who the heirs are. If there is no will the property will be distributed according to the laws of intestacy. You can check the laws in your state at the related question link.
Most attorneys can answer basic questions about wills. Those that specialize in wills are referred to as probate and estate lawyers. They know the current state laws and tax laws associated with the process.
No, you do not necessarily need a lawyer when filing a will in probate, however because it is such a court-intensive process having a lawyer that knows the system is always a plus. In the process of probate, a probate court determines the validity of the decedent's "last will and testament." After this, the court oversees asset distribution to named beneficiaries or rightful heirs according to state intestate succession statutes. The court also oversees the payment of estate taxes and resolves conflicts between heirs.
No.
Yes, if the estate has any value, or any debts, it has to go through probate. The state has a vested interest in making sure the estate is properly distributed, as without a will, the default is the property goes to the state.