For families going through mourning, probate can be an overwhelming and tremendous burden. Here at Alba & Straile PLLC, our firm gives your family full attention and covers every aspect of this complex legal matter. Our goal is to avoid lengthy and costly probate. We provide comprehensive guidance on and walk you through every step of the probate process
Our firm understands this is a sensitive and emotional time and our commitment is to mitigate stress, defuse conflicts between family members and safeguard your family’s legacy. To see how we can help your family, schedule a consultation today.
What is Probate?
Probate is the legal process of distributing assets when someone dies. Depending on the estate this process could take months or even years. Summary and Formal Administration are available in Florida. We are here to answer questions and walk you through the legal options.
Summary administration is available to estates less than $75,000 or if the decedent has been dead for more than 2 years. Summary administration is a less complicated court process, however, does limit authority over the estate. The court does not assign a Personal Representative which can make it harder to negotiate with creditors, account for all the decedent’s assets, handle affairs such as; bank accounts, and real estate or work with other financial institutions.
Formal administration is a more complex process and is overseen by close court supervision. The Court will assign a Personal Representative to settle the affairs of the estate and distribute inheritances. The personal representative assigned will have full authority to work with creditors, oversee the decedent’s assets and handle all affairs of the estate.
Timeline of Probate
- Hire an experienced probate attorney
- File a petition with the probate court
- Notify the decedent’s creditors, publish and serve notice
- Gather important documents, hire appraisers and advisors
- Inventory & accounting of the decedent’s estate
- Pay valid debts
- Hire an accountant to file the decedent’s last tax return
- Resolve estate taxes
- Distribution of assets
- Close the Estate
Terms You Need to Know
Personal Representative Florida Law defines this as the person, bank, or trust company appointed by the judge to be in charge of the administration of the decedent’s probate estate. They have a duty to settle and distribute the estate of the decedent by the terms of the will, or the law if there is no will, and to do so in the best interests of the estate.
The term “Personal Representative” is used in Florida instead of such terms as “executor, executrix, administrator, or administratrix.”
A Testate is an estate in which the decedent, died leaving a will.
An Intestate probate estate is one in which the decedent died without leaving a will.
An Interested Person is anyone who may reasonably be expected to be affected by the outcome.
Q: How long do I have to file probate after death in Florida?
A: If you have an original will, you have within 10 days.
Q: What goes into the Probate Estate?
A: Probate assets are anything owned solely by the decedent and contain no provision for automatic transfer of ownership at death.
Q: What is Exempt Property?
A: Exempt Property is exempt from all claims against the estate except perfected security interests and includes furnishings, and appliances in the decedent’s residence up to a net value of $20,000, Two motor vehicles regularly used by the decedent or the decedent’s family, 529 tuition plans,
Q: What happens to bank accounts?
A: Personal representatives have the authority to handle assets, including bank accounts.
Q: How much does probate cost?
A: Legal fees start at 3% of the estate’s value, plus more for extraordinary services. Compensation for the attorney is payable from the estate assets without the need for a court order.
A: Costs expected to be incurred include court filing fees, serving notices on creditors and interested persons, publishing notices in periodicals, and hiring experts for example; accountants, appraisers, and financial advisers.
Protect Your Assets
When an estate goes through probate it could be costly and create conflict within families. Our probate attorneys can help you navigate all the legal options available. We understand what a difficult time this is for you and are prepared to give your case the attention it deserves. We can mitigate the conflicts and tension while acting in the Client’s best interest to resolve all matters of the estate and protect the family’s legacy. Our firm represents clients throughout Florida, please click, text, or call to hire a Florida Probate Lawyer.
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