Probate Attorney Orlando

Is Probate Necessary?

While probate may seem inconvenient, its purpose is to protect the assets in the deceased’s estate while also protecting the heirs’ best interests. During probate, the court 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.

However, the complexity of these matters can lead to expensive fees and long delays of years or more before the assets are distributed. As creditors’ interests also factor into the division of assets, probate risks becoming a court case you file for the benefit of the decedent’s creditors.

While the need for probate can often be lessened with proper estate planning, many nevertheless find themselves in a situation where expected inheritances are caught up in a complicated and unfamiliar web of decisions that are beyond their control or understanding. An experienced probate attorney can help you to navigate and manage the probate process.

How Can A Florida Probate Attorney Help?

While the purpose of probate is clear-cut, the process itself can be difficult and overwhelming. You need an experienced probate attorney who is familiar with the applicable laws and procedures.

A probate attorney can help you administer the estate and take the following actions:

• 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

To learn more and gain an advocate to help you take control of this situation, consult a probate attorney from The Family First Firm.

Various Issues Can Arise During The Probate Process In Florida

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 can seek the assistance of a probate attorney, especially if you’re not sure where to start.

Once the court schedules a hearing, you can’t be sure that the whole process will go smoothly from there. Unforeseen issues and circumstances can arise along the way. For example, several creditors could come forward to claim payments. The decedent might also have other outstanding obligations that need to be paid. Your probate attorney can help you to assess the situation and prepare for probate. Call The Family First Firm today to schedule a consultation.

A Last Will Avoids Division Of Assets Through Florida’s Intestacy Laws

While probate can be avoided through the use of trusts, any assets not owned by the trust will need to be probated. This is true regardless of whether or not there is a last will. If there is a last will, 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 in the division, as applicable.

Probate can be an especially lengthy process if the decedent doesn’t leave a will. Courts could take a long time to determine which heirs will receive which assets. It is also an expensive, public process, and the interests of creditors can interfere with the intended distribution of assets. To better understand the probate process and prepare accordingly, schedule a consultation with The Family First Firm today.