Do I Need A Probate Attorney?
- Cooper M. Powell
- Oct 3, 2022
- 1 min read
Updated: May 6, 2024
Florida law requires that every personal representative be represented by an attorney unless they are the sole interested person or they are an attorney admitted to practice in Florida. An attorney is not required in a summary probate administration although an attorney may be beneficial to help guide you through the probate process.
Rule:
Rule 5.030, Attorneys.
(a) Required; Exception. Every guardian and every personal representative, unless the personal representative remains the sole interested person, shall be represented by an attorney admitted to practice in Florida. A guardian or personal representative who is an attorney admitted to practice in Florida may represent himself or herself as guardian or personal representative. A guardian advocate is not required to be represented by an attorney unless otherwise required by law or the court.
(b) Limited Appearance without Court Order. An attorney of record for an interested person in a proceeding governed by these rules shall be the attorney of record in all other proceedings in the administration of the same estate or guardianship, except service of process in an independent action on a claim, unless at the time of appearance the attorney files a notice specifically limiting the attorney's appearance only to the particular proceeding or matter in which the attorney appears. At the conclusion of that proceeding or matter, the attorneys role terminates upon the attorney filing notice of completion of limited appearance and serving a copy on the client and other interested persons.
(c) Withdrawal or Limited Appearance with Court Order. An attorney of record may withdraw or limit the attorney's appearance with approval of the court, after filing a motion setting forth the reasons and serving a copy on the client and other interested persons.
Do you need a probate attorney?
Provurb is not a law firm and we do not provide legal advice. Information contained in this blog is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult with a probate attorney.
