What Is Probate?

Probate is the legal process of settling an estate after someone’s passing. It involves validating a will, identifying assets, paying debts, and distributing property to beneficiaries. While it may seem daunting, probate ensures a loved one’s final wishes are carried out fairly and transparently. Having a reliable legal partner can make navigating this process much easier.

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How much is probate?

How much does probate cost?

3% Contingency Fee: if you are selling the property.

If you are going to sell the property at the end of probate, you have the option of choosing contingency fee option. Our firm collects 3% of the sale price of the property, usually paid at closing. More thorough explanation of fees here.

Hourly Rate Option: Starting at $3,750

If you want to keep the property or do not want the contingency option, the initial deposit for the hourly billing option is $3,750. Most undisputed cases are resolved for that amount. Complicated or disputed cases may have higher fees and costs. More thorough explanation of fees here.

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How does property and other assets get passed along?

In Florida, property can pass to heirs according to statute, or by use of a Will.

If a person passes away and does not have a Will, then Florida law (statutes) determine how assets are passed along.

A person can change how assets are passed down by creating a Will.

Intestate (No Will)

Under Florida probate law, "intestate" means that someone dies without leaving a Will. There is nothing wrong with this, because Florida law controls how the property passes. Read more about how property passes without a Will here...

Testate (with a Will)

"Testate" means that person passed away and left a Will. If the Will was properly prepared according to Florida law then it can change how assets are passed along and inherited. It can also assign a personal represenative and might have other functions. Read more about Wills here...

There is a Will, do we need probate?

Generally speaking, even with a Will, a probate case will likely be necessary. A Will can control, or dictate, who should receive property, but it does not provide probate avoidance like a Trust can.

Trusts: How to avoid probate

"Probate Avoidance" refers to one of the objectives of Estate Planning. Other objectives might involve tax considerations, and educational planning, and asset protection. More information about Trusts...

We have resolved many estates accross the entire State of Florida.

For most people, Probate is basically about inheritance. Most of our clients are looking to have assets transferred into their names and/or the names of other heirs. This is usually real estate, but can also be bank accounts, vehicles, safe deposit boxes, stocks or other securities, and so on. We can help get access to those assets.

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Probate FAQs.

What does entitlement mean (in a partition case)?

Entitlement refers to the amount of money that you might be able to receive from the sale of the house. Sometimes, the money is split equally. However, sometimes one party paid for mortgage payments or HOA fees or other maintenance, and they may be entitled to a credit from the sale.
What is Probate?

Probate is generally the process for passing assets to heirs once a family member has passed away. It involves validating the Will if there is one, paying any debts that must be paid, and distributing the assets to the heirs or beneficiaries.
What does inheritance mean?

When a parent passes away, the assets may pass down to the children or heirs. This is called inheritance.
What types of cases fall under personal injury?

Personal injury cases can include car accidents, slip-and-fall incidents, medical malpractice, defective products, and more. Essentially, any situation where someone’s negligence leads to your injury could qualify.
How long do I have to file a personal injury claim?

The statute of limitations varies by state, but generally you have a specific time frame—from the date of the accident—to file. Consulting an attorney early helps ensure you don’t miss your window.
Do I need a lawyer if the insurance company offers me a settlement?

While you aren’t required to have legal representation, insurance companies often aim to settle quickly and for as little as possible. An attorney can help you evaluate whether the offer truly covers your current and future needs.
How is compensation calculated?

It’s based on factors like medical expenses, lost wages, property damage, and pain and suffering. No two cases are the same, so exact numbers will vary depending on the severity of your injuries and the impact on your life.
What if I was partly at fault for the accident?

In many states, you can still recover compensation even if you share some responsibility for the incident. Your total award may be reduced by the percentage of fault assigned to you.

Below are some of the most common questions people have about probate. If you have concerns that aren’t covered here, feel free to reach out directly—we’re here to help.

Navigating Probate with Expert Guidance

Mr. Taormina has handled many estates, but our paralegal is the real gem, with over twenty years of probate practice in Florida. Together, the our probate team get estates opened, administered, and closed so our clients can open the door to their next chapter.

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I am writing review to you to express my most sincere thanks for the most professional representation. I admire your composure, work ethic and most of all excellent representation. I will highly recommend you.

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Christine

I was having trouble finding someone who could advise me on a particular legal matter. I called several other attorneys before I found Mr. Taormina. He took the time to listen and understand all of my questions. After reading over the legal paperwork, he provided me with his assessment and rationa...

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Anthony

Hired Joe Taormina to handle a complicated Real Estate case, most specifically a partition case. The case was filed timely , the terms of billing were uncharacteristically favorable for my need to resolve the matter. In my case, Quattrochi, Torres Taormina law firm performed with Fidelity , Trust and Financial responsibility.

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Susan

Hiring Joe Taormina was a great decision for our complicated co-ownership issue. Mr. Taormina handled our case very professionally and got us a good outcome. We are pleased with him and happy to have done business with him.

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