Probate is a legal process that helps finalize a person’s estate. Not all probate estates are the same, however, and complications can arise. Challenges during probate in Coral Gables can be unexpected, costly, and time-consuming when they happen. An experienced probate attorney can help.
When facing family disputes, creditor claims, issues with a will, or complex asset administration, trust a knowledgeable lawyer on our team to guide you through the process. Reach out to us today.
Understanding the Probate Process
Probate in Florida is a court-supervised action to administer the assets and debts of a decedent. During probate, assets will be distributed to creditors with valid claims, then to heirs and beneficiaries according to the terms of a will or state intestacy law. For most estates over a certain value, probate is required under the Florida Probate Code. A personal representative must be appointed by the probate court to handle tasks involved with the decedent’s estate.
Administration of a probate estate generally requires paying creditors with valid claims under Florida Statutes § 733.707. Probate courts will review the decedent’s Last Will and Testament, if one exists, to determine the order of priority for an estate’s beneficiaries. Ultimately, the probate matter will be closed once the estate’s assets and liabilities are fully addressed.
Common Challenges in Probate Cases
Difficulties locating assets, disputes between family members and beneficiaries, challenges to a will, complex debts, and creditor claims are all issues that can complicate administering a probate estate in Coral Gables. Common challenges include:
- Lack of a Clear or Valid Will: A Last Will and Testament provides critical guidance for personal representatives and probate judges. Unfortunately, not all wills are clear or properly drafted, or fail to meet basic requirements under state law. A flawed will can be subject to challenges by family members or other interested parties, delaying the probate process significantly.
- Disputes Between Beneficiaries: Many probate disputes and delays are caused by conflict between family members standing to inherit from an estate. Claims of fraud or undue influence during estate planning can arise after a probate case begins. Such claims can lead to hearings and even lawsuits between interested parties.
- Complex Debts and Liabilities: Probate cases involve the handling of debts, some of which can be large and complex. Debts of significant amounts, or those affecting real estate, can cause challenges while a probate estate is being administered. Often, these disputes can lead to lengthy delays in the distribution of assets.
- Mismanagement by Personal Representatives: Personal representatives in probate cases have the difficult task of asset administration and accounting for all financial matters. Often, an appointed representative might be handling an estate for the first time or might have some personal stake in the estate. Examples of mismanagement can include missed deadlines, faulty bookkeeping, failure to address creditor claims, and mishandling of assets.
A dedicated attorney can assist when challenges occur during probate. In some cases, your lawyer can help you avoid potential pitfalls and disputes before they happen.
Hire a Coral Gables Attorney To Help You Navigate Challenges During Probate
While state law outlines the steps and requirements involved in a probate case, the process can get complicated. When challenges during probate in Coral Gables arise, trust a knowledgeable lawyer to guide you through each step. Even unexpected challenges have solutions. To learn more about your options, call The Florida Probate & Family Law Firm today.