Guide to Probate in Florida
Florida Probate Attorney – Need guidance through Florida’s probate process? We’re here to help.
Facing the loss of a loved one is always difficult and can become even more stressful when you are expected to deal with a legal process called probate. Our wills and probate attorneys help simplify the process and guide you every step of the way.
Facing the loss of a loved one is always difficult and can become even more stressful when you are expected to deal with a legal process called “probate”. When you’re grieving, the last thing you want to think about is going through the legalities and unfamiliar procedures of the probate process. We understand that this process can seem daunting, which is why our wills and probate attorneys are here to help.
The Ultimate Guide for Probate in Florida
The probate process has been around for a long time and Florida laws have changed over the years. If you are the executor or beneficiary of an estate and you have an idea of the probate process but still need more information, this ultimate guide to probate in Florida will educate you on what’s involved in the probate process in Florida as well as what to expect…
DIY Probate: A Layperson’s Guide to Probate in Florida
Learn the probate process step by step in this free guide.
What Is Probate?
Probate is a judicial process of validation of a deceased person’s will, administration of decedent’s estate, and distribution of assets to heirs or other named beneficiaries.
Since every individual estate is unique and each state has its own set of probate laws, the probate process can vary in every situation. The type of probate needed depends on the size and complexity of the estate and whether the person died with or without a will (intestate).
Probate is typically a lengthy and stressful process that requires a good understanding of legal regulations, preparing and filing various documents in a timely manner, and multiple court appointments. The probate process is a difficult process for most families, so it is best to get help from an experienced attorney during these challenging times. The probate attorneys at The DeVries Law Firm, P.A. can make the process easier and guide you through the process in compliance with Florida law.
When Probate Is Necessary
Not all estates need probate in Florida. If the person passes away with a will or trust and when their property, bank accounts, annuities, insurance policies and all assets have named beneficiaries, probate may not be needed.
Probate is required when:
- There is no valid last will and testament to determine the beneficiaries and heirs at law
- There are problems with the existing will or if it was fraudulently executed or when the will was made under undue influence
- There are no beneficiaries named or the named beneficiaries have predeceased the decedent
- The assets are solely in the deceased’s name
- The decedent owned any property as a tenant in common with others
If any of the above applies, it is in your best interest to speak to our probate team immediately to review all options available under Florida probate law.
Types of Disputes in Estate Matters
Disputes between beneficiaries
Many complications can arise when it comes to estate matters, but those involving disagreements between named beneficiaries can be particularly complex. Our attorneys will use alternate dispute resolution methods or, where necessary, will represent clients in probate court.
Conflict with the estate executor/administrator
Disputes occur when beneficiaries disagree with decisions of the executor. Our attorneys will work to resolve these issues efficiently through negotiations or court-approved settlement processes.
Executor disputes
If an executor/administrator does not act in the best interest of the estate or delays the process, the executor can be challenged in court.
Will contests
Challenges may arise if the will is not properly drafted or executed, or if undue influence is suspected. Our Jacksonville probate attorneys handle contested probate matters in accordance with Florida law.
What Does A Jacksonville Florida Probate Attorney Do
In uncomplicated cases, the attorney acts as an advisor to the executor or administrator. In more complex estates, the attorney manages administration and asset distribution. Probate can take six months to one year or longer depending on estate complexity.
Key Tasks
- Prepare wills, power of attorney, and estate administration
- File probate documents with the court timely and effectively
- Advise on federal and state taxes
- Obtain appraisals of estate assets
- Collect proceeds from insurance and retirement plans
- Assist in paying debts or managing asset sales
- Handle disputes or litigation
- Create living trusts to avoid probate
- Manage asset distribution
- Resolve disputes between representatives and beneficiaries
Speak to Our Probate Team
We’re here to answer your questions and guide you through every step.
Why You Need a Probate Attorney
It is highly advised to seek a professional probate and wills attorney in Jacksonville, FL to assist you with preparing important estate plan documents and navigating the probate process. Many try to prepare a will without legal guidance, which often leads to unreliable or flawed documents that may not protect you, your assets, or your loved ones.
If your documents are not done correctly, the court may intervene to interpret your wishes. At The DeVries Law Firm, P.A., we help create a comprehensive estate plan, including wills, trusts, declarations of guardianships, powers of attorney, and designations, to ensure your intent is accurately followed in probate.
Types of Probate in Florida
When a family member passes away, the court may need to determine who receives their assets. Probate types in Florida include:
- Disposition without Administration
- Summary Administration
- Formal Administration