The probate process occurs after a person’s death , and is the sole legal process that determines the validity of a decedent’s will (if one exists), the property rights of heirs, and the role of an estate’s personal representative or executor. This is an important process that has big implications for family members.
It is essential that you are prepared to protect your legal rights from day one. A Coconut Grove probate lawyer may be able to help by explaining how probate works and how it determines what assets you may inherit. They can also initiate probate, make legal arguments concerning the authenticity of a will, and evaluate the actions of personal representatives to ensure that they meet the legal standards.
Important Questions During Probate
The probate process is an important aspect of inheritance law. The courts that oversee probate have the sole authority to determine the property rights and heirs named in a last will and testament, as well as those who would stand to inherit if the will is deemed to be invalid. This is also the time when personal representatives gain their power under the law and can begin to take control over estate assets.
The first question to ask about probate is which process is appropriate for the situation. For most people, the answer is formal probate administration, which requires the submission of multiple court documents which allow a personal representative to take control of estate assets and ensure they are distributed according to Florida law. However, if the estate has a value of $75,000 or less, or the decedent has passed away more than two years ago, summary probate administration could be the preferred method.
Another question concerns which parties will inherit estate property. Most people draft a last will and testament to state which people they want to inherit their assets. However, interested parties may allege that a will is the product of undue influence or fraud. This could lead to a probate court applying the state’s intestacy rules under Florida Statute § 732.102. A Coconut Grove probate attorney can provide more information about the common questions that arise during probate and assist people in understanding what role they play in the situation.
Why Seek the Help of a Probate Lawyer?
All people who stand to inherit under a will, or would be in a position to receive property if a will did not exist, may want to seek out legal help. A probate attorney could explain Florida’s laws concerning the drafting of a will, the intestacy rules, and how probate courts operate. A Coconut Grove probate lawyer is ready to provide support during each stage of the process, which can include:
- Determining which process of probate best serves an estate based on its value;
- Evaluating the format of a will, if one exists, and deciding if challenging the will has a chance of success;
- Asking a court to reconsider a nomination of a party to serve as a personal representative;
- Evaluating the actions of personal representative and pursuing legal action to recover compensation.
Talking with a lawyer today allows them to provide immediate assistance and protect an individual’s rights during probate.
Contact a Coconut Grove Probate Attorney Today
It is understandable to be confused or intimidated by the probate process, which can be lengthy. Even so, it is crucial that you understand your rights and how the probate courts operate. This helps protect your rightful inheritance and ensures that the wishes of a deceased loved one are met.
A Coconut Grove probate lawyer is here to initiate the proper probate process, determine if a will meets the relevant legal requirements, evaluate the actions of personal representatives, and make the needed legal arguments in court. Reach out to us today to get started.