Probate Law

When a loved on passes away, family members of the deceased may need to go through a process, known as probate, to administer the deceased’s estate. Probate is a legal process that is often time consuming, costly and emotional for family members faced with loss. While going through probate, family members must wait for the deceased’s estate to be transferred and must wait to either occupy, sell, or use any property or assets in the deceased’s estate. As a result, probate could lead to arguments amongst the deceased surviving family members and delays.

What is the Probate Process?

Facing the loss of a loved one is difficult and becomes even harder when you are expected to go through a legal process that is foreign to you. Probate is the legal process of validating a deceased’s will and carrying out the administration of the deceased’s estate or when there is no legal will, the estate is settled according to intestacy laws. Probate ensures that the deceased’s assets, including property, is transferred according to the deceased’s will or the intestacy laws.

Each state has its own set of probate laws which lay out the requirements of the probate process. Most states require the person in possession of the decedent’s will to file the will with the state’s probate court and then hire an attorney to open the probate of the estate.  Once a will is offered for probate, the court determines whether the will is valid. A valid will becomes the legal instrument which governs the administration of the estate. In other instances, the decedent does not have a will but has assets that must go through probate.  When this happens, Florida law has a statute on intestacy which dictates the heirs of the estate.

The probate process also includes paying off the deceased’s final debts, determining the rights of creditors and beneficiaries and determining the value of the decedent’s assets.

The Probate Process can include:

  • Drafting and Filing of Petition to appoint a Personal Representative or Executive;
  • Drafting an Inventory of Assets;
  • Settling Outstanding Debts;
  • Distributing Remaining Assets on Behalf of the Decedent;
  • Mediating Disputes Over Assets between Beneficiaries;
  • Validating the Will;
  • Paying Taxes/Obtaining Tax ID Number;
  • Finalizing all estate pleadings and concluding the administration.

The Florida Probate & Family Law Firm is Here to help you.

The probate process can understandably be overwhelming, emotional, and complicated in many situations. However, working with an experienced Probate/Estate attorney can make the process much easier for everyone involved. The attorneys at The Florida Probate & Family Law Firm understand your situation, and we will use our extensive experience to secure the most favorable solution in your case. We pride ourselves on understanding our client’s needs and goals, and then use our knowledge, skill, and resources to work towards a desirable outcome. Contact us today to discuss your situation, get your questions answered, and find out how we can help make your Probate/Estate proceedings as painless as possible.

The Florida Probate & Family Law Firm is Here to help you.

 

The probate process can understandably be overwhelming, emotional, and complicated in many situations. However, working with an experienced Probate/Estate attorney can make the process much easier for everyone involved. The attorneys at The Florida Probate & Family Law Firm understand your situation, and we will use our extensive experience to secure the most favorable solution in your case. We pride ourselves on understanding our client’s needs and goals, and then use our knowledge, skill, and resources to work towards a desirable outcome. Contact us today to discuss your situation, get your questions answered, and find out how we can help make your Probate/Estate proceedings as painless as possible.

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