We handle both routine and contested probate matters.
Whom Do You Represent In Probate Cases?
Typically, we represent either the person that has been appointed the Personal Representative or we represent another family member or heir.
How Does An Attorney Help A Client In The Probate Process?
In many probate cases, the Court requires an attorney to be involved. Typically, we will work with the client to gather all of the information needed to complete the process from start to finish. We will prepare all of the papers that have to be filed with the Court and gather all the necessary documents that must be sent to the Court. We will make sure we meet all of the deadlines that the law requires. If there are any disputes we will work with our clients to get those disputes resolved either through a settlement or by presenting our clients’ positions in Court if that is necessary.
What Is Probate and Who is Subject To It?
Probate is the legal process for transferring the assets of someone who died from his or her name into the names of the people that are left behind: to pay his or her debts and pay what remains to the people to which he or she wanted to leave those assets.
Is There More Than One Type Of Probate?
There are several kinds of probate. We most commonly encounter Formal Administration, Summary Administration and Ancillary Administration. Summary Administration is an expedited form of probate; to be eligible for Summary Administration, the decedent’s assets, not including his or her home, must be worth less than $75,000 or the decedent died more than two years ago.
In our experience, just because an estate is theoretically eligible for Summary Administration does not mean that Summary Administration is actually going to work. Whenever someone is going to have to take action, for example, to evict a tenant or settle a disputed claim, even if the estate is technically within the monetary limit for Summary Administration, Summary Administration will not work. The process is not flexible enough to accommodate anything more complex than a petition and a single Order that the judge signs.
With Formal Administration, the Court appoints somebody Personal Representative, and that person has the legal authority to sell and manage the assets of the person who passed away.
Ancillary Administration is a special form of probate for the estate of a person that did not live in Florida at the time of death, but had some asset in Florida. Usually, that asset is real estate. The Florida Court has the ability to order the distribution of real estate that is in the state of Florida.
For more information on Handling Probate In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 727-827-7777 today.