Experienced Legal Help For All Your Florida Probate Needs
When someone passes away, their family members and loved ones must tend to the final affairs of their estate. This often requires probate – a legal process in which a decedent’s will is verified, final debts and taxes are paid and ownership of property is transferred to heirs and beneficiaries. Without the help of an experienced attorney, probate can be highly complex.
In the Orlando metro area, you can find the help you need by contacting C.J. Hilliard Law, P.A.. Our attorney provides experienced, comprehensive and supportive representation in probate and all related legal matters. Our probate lawyer has earned the trust of many former clients for her experience, legal skill and tireless advocacy.
Do All Florida Estates Go Through Probate?
Not all estates in Florida must go through the probate process. Also commonly called estate administration, probate is generally necessary when a person passes away owning assets solely in their name. Even if they have named heirs for said property in their will, probate is often necessary in order to validate the will and officially transfer ownership.
If nonexempt estate assets exceed $75,000 and it has been less than two years since the decedent passed away, the estate will need to go through formal estate administration, which is more labor intensive and involves more court oversight. However, if an estate is small and there are no inheritance disputes, it likely qualifies for summary probate administration, which is typically faster, easier and less expensive.
A skilled estate planning lawyer can help you employ strategies to avoid or minimize probate. For example, assets held in a living trust do not go through probate, as they are directly transferred to beneficiaries. Joint ownership with rights of survivorship, payable-on-death accounts and beneficiary designations on retirement accounts and life insurance policies are other strategies to bypass probate.
What Are Probate Assets?
Probate assets are those that do not automatically transfer to a beneficiary upon the owner’s death. Common probate assets include:
- Solely owned real estate
- Bank and investment accounts without designated beneficiaries
- Personal property, such as jewelry, art or collectibles
- Vehicles titled solely in the decedent’s name
- Business interests owned individually
- Unpaid wages or commissions owed to the deceased
- Assets left to the estate in a will
Nearly any asset could be subject to probate under certain circumstances. Assets exempt from probate are typically those that have been transferred through other means (trusts, payable-on-death accounts, etc.).
The Steps In The Florida Probate Process
The Florida probate process involves numerous important steps and executor duties, some of which can be complicated and time-consuming. First, a petition is filed with the probate court to open the estate. This is usually done by the person named the personal representative (executor) in the will. Once the court approves, the personal representative is officially appointed and granted the authority to manage the estate.
The next step involves identifying and valuing all probate assets. This requires compiling an inventory of the decedent’s property and having it appraised, if necessary. The executor must also notify creditors (directly and through a public notice) and settle any outstanding debts and taxes. If there are disputes regarding debts, they will need to be resolved with the help of a probate lawyer.
Once expenses and debts are paid, the personal representative distributes the remaining assets to named heirs and beneficiaries as outlined in the will. If there are any inheritance disputes or other estate issues requiring litigation, they must be resolved before distribution can occur.
Finally, the executor files a final accounting with the court, detailing the estate administration process. Upon approval, the estate is closed.
Ease Your Burdens By Working With A Trusted Probate Lawyer
Probate is complicated and can be difficult to understand for nearly anyone who isn’t trained as an estate law attorney. That’s why Florida Probate Rule 5.030(a) requires personal representatives to be represented by a probate lawyer in any formal probate administration proceedings.
It isn’t legally mandatory to hire an attorney for help with summary probate administration, but doing so is nonetheless a wise decision. As the personal representative overseeing probate, you will be expected to complete all duties, file all paperwork and meet all deadlines without mistakes or omissions. A judge will hold you to these same high standards whether you have an attorney or have chosen to file pro se. The costs of mistakes and delays could easily be higher than the money you save by forgoing a probate lawyer.
Finally, most personal representatives try to complete important work while mourning a loss. Trusting your case to an experienced attorney like Claire J. Hilliard can allow you more time and energy to focus on taking care of yourself and those you love.
Find Out How Our Firm Can Help – Contact Us Today
C.J. Hilliard Law, P.A., represents clients throughout the Orlando metro area. To get your questions answered and discuss your legal options with an experienced probate lawyer, call our Winter Garden office at 407-255-7607 or reach out online.