The probate court oversees the administration of a deceased person’s estate. This formal legal process involves reviewing wills, if one exists, before determining how to distribute a deceased loved one’s property. These proceedings can get complex and often require the help of an experienced attorney.
In addition, there might be a legal challenge to the terms of the document, which can dramatically alter a person’s right to inherit. Contact a Coral Gables probate lawyer with The Florida Probate & Family Law Firm for legal advise throughout the process.
What is Probate?
Probate is the process of distribution completed after a person passes away, leaving assets, such as bank accounts, real estate, and investments. Under Florida law, the court is empowered to oversee the distribution of an individual’s assets and the payment of their debts.
If there is a will, its terms will determine everything from how property is distributed to who should manage the estate – known as a personal representative. There are two different ways to probate an estate: formal administration and summary administration.
Formal Administration
The traditional approach to estate probate is formal administration, which calls for appointing a personal representative. This option takes longer and is more costly but allows any estate to qualify.
Summary Administration
Summary administration is more straightforward and does not involve selecting a personal representative. In this method, only smaller estates with a value under $75,000, or those created on behalf of someone who passed away more than two years prior, are eligible.
A lawyer who practices probate law in Coral Gables can provide greater insight into each of these approaches and determine which is suitable for a client’s particular situation.
How Wills Can Impact the Probate Process
Resolutions for probate cases largely depend on the terms of the last will and testament. There is a default system by the government for determining which family members inherit from a deceased relative, but it can be overridden when the court has accepted a valid will. These documents allow a person to decide how their property is divided even after their passing.
Along with this, other estate planning tools can be necessary during the process. A Coral Gables probate attorney can provide insight into valuable options like payable-on-death accounts or life insurance policies.
Dealing with Disputes
The process of taking legal action, litigation, may be the only option when probate disputes cannot be resolved calmly. This can involve the terms of a will or the documents that create a trust, among other elements of the estate.
One of the most common disputes involves challenging a will’s validity. For these documents to be accepted, there are formal requirements, including that the author signs it knowingly. A potential beneficiary can challenge a will as invalid and prevent the court from using it during the distribution of assets.
Lawsuits over trusts or wills come with many risks and potential for mistakes. A single error during the probate process can have life-changing consequences for an interested party. To protect one’s position as a beneficiary, it is a good idea to seek counsel from a probate lawyer who practices in Coral Gables.
Reach Out to a Dedicated Probate Attorney in Coral Gables Today
If you have questions about probating a will, our hard-working team is here to help. The Florida Probate & Family Law Firm has extensive experience assisting those who are tasked with administering estates after a loved one’s passing.
Acting as your own legal counsel is risky, especially given the high stakes in these situations. Get in touch with a Coral Gables probate lawyer today for a free initial case evaluation.