Family First Firm
Florida Probate Attorneys
Family First Firm is here to prepare you for probate and ensure a seamless court process.
Why Probate Exists
Probate is the court process required to settle most estates in Florida. While going to court may seem inconvenient, its purpose is to protect the estate’s assets while also protecting the heirs’ best interests. During probate, a judge will determine if the Last Will is authentic and valid, making sure it complies with the requirements of the law. After probate, the estate can be divided and distributed to the named heirs and beneficiaries.
Since creditors get priority in probate, the process can become expensive and slow, sometimes dragging on for years before assets are distributed. An experienced probate attorney can help you to navigate and manage the court system and steps needed to properly distribute assets.
Florida Probate Attorney
While the purpose of probate is clear-cut, the process itself can be overwhelming. Florida law requires you to hire an experienced probate attorney who is familiar with the applicable laws and procedures in order to settle an estate.
Like any court procedure, you have to start the probate process by filing a petition. If you’re the appointed executor or administrator of the estate, you have to initiate this process. You should seek the assistance of a probate attorney, especially if you’re not sure where to start. To learn more and gain an advocate to help you take control of the court process, consult a probate attorney from The Family First Firm.
A probate attorney can help you:
- Take steps to advance through the probate process
- Manage finances of the estate
- Determine and pay estate taxes and other liabilities
- Collate the properties of the estate and distribute shares to the heirs and beneficiaries
When Someone Dies Without A Will
While probate can be avoided through the use of trusts, any assets not owned by the trust will need to go through probate. This is true even if there is a Last Will. If there are documents in place, the estate will be divided and distributed according to the wishes indicated in the Will. If there is no Will, the estate will be divided by following the intestacy laws of Florida. The spouse or children of the decedent will generally be prioritized as the primary heirs, even if there is an estrangement within the family.
Probate can take a long time, especially if someone passes away without a Will. The court has to sort out who gets what, which can really slow things down. It’s also a costly and public process, and creditors can sometimes step in and complicate how assets are ultimately divided.
If you’d like to get a clearer picture of how probate works and what to expect, schedule a consultation with Family First Firm. Our Florida probate attorneys are ready to help.
Avoid Probate
Probate is an avoidable process. Creating a living trust and transferring assets into the name of the trust will keep your estate out of court. An appointed trustee will distribute the assets according to your wishes, eliminating the expenses and headaches of probate. Family First Firm has trust and will attorneys who specialize in creating these safeguards.
Avoid Arguments In Court
The probate process can take more time when heirs disagree with the proposed division of assets, or in cases where certain properties in the estate are questioned. An experienced probate attorney at Family First Firm can assist you in preparing the petition and taking the necessary steps to ensure the process is as smooth as possible.
Family First Firm
- Tailored Solutions: The elder law attorneys at Family First Firm work with senior clients and their families to comprehensively address legal roadblocks. Our Medicaid and estate planning services are tailored to fit each client’s current and future needs.
- Guidance Every Step: From drafting to witness requirements, we handle the details.
- Recognized & Trusted: Named one of the fastest-growing firms in the U.S. by Law Firm 500 and Inc. 5000, and Florida’s highest-rated elder law firm.
- Accessible & Compassionate: Approachable attorneys, flexible scheduling, and a proven track record of protecting Florida families.
Family First Firm
Probate FAQs
Probate is the court process to manage the estate of someone who passed away while owning property. In Probate, the court will determine if the Last Will and Testament is valid, and determine how to use the decedent’s assets to pay final expenses, taxes, and debts to creditors.
Because beneficiaries receive their inheritance after Probate, there is always a risk of those assets being used to pay the decedent’s debts. An experienced probate lawyer can help your family represent their interests to receive their intended inheritance.
A personal representative (commonly called an executor or administrator) is appointed by the court to administer the probate estate, including:
- Creating an inventory of the probate assets
- Publishing a notice to creditors in the local newspaper
- Serving the notice of administration
- Locating reasonable creditors to notify of the decedent’s passing
- Paying valid claims or objecting to improper creditor claims
- Filing final taxes
- Paying expenses associated with administering the estate
- Distributing remaining assets after probate to the decedent’s beneficiaries
- Closing the probate estate
If your loved one passes away without a Will, the court will follow intestate succession to distribute assets to assumed beneficiaries after Probate.
In Florida, it’s required to hire an attorney to settle most estates. Probate is a complex court process, and the personal representative should hire an experienced estate and probate attorney to reduce the risk of a beneficiary bringing forward a probate litigation case against them.
Probate can take over a year to process, meaning beneficiaries are left waiting to receive their inheritances. Creating a Revocable or Family Fortress Trust will allow assets to bypass probate; the trustee can administer these assets immediately to beneficiaries. A trust attorney with Family First Firm can help you set up this type of estate plan.
In general, anyone can serve as a Will executor in Florida if they:
- Are 18 or older
- Are physically and mentally capable of undertaking an executor’s duties
- Don’t have any prior felony convictions
A bank or another financial institution can also act as a Will executor, provided it is authorized to act as a fiduciary in Florida. Non-residents may serve as executors if they’re related to the decedent by marriage, blood, or adoption. An estate administration attorney can ensure that your chosen representative may serve as your will executor in Florida.
A typical Florida estate takes between 6 and 9 months to close, including probate and asset distribution. However, estate administration may take longer if the estate is especially large or complex, or if it includes property in other states. If the decedent owned real estate outside Florida, those assets may need to go through probate in the state where they are registered.
Inheritance disputes or conflicts over estate administration can also prolong estate closure. Our estate administration law firm can help Will executors and beneficiaries overcome hurdles while closing an estate.
Acting as a Will executor involves many complex duties, like inventorying and valuing assets, discharging tax liabilities, and managing the estate during closure. An executor who is not a legal or tax professional may accidentally mismanage the estate, which could lead to various legal repercussions. Beneficiaries may ask the court to appoint a different representative or file a lawsuit against the Will executor.
If you’re a Will executor, consulting an estate administration attorney with Family First Firm can help you avoid estate closure mistakes, conflict with beneficiaries, and potential legal liability.