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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.

Why Choose The Family First Firm?

  • Individually-Oriented 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.
  • Assist Clients In Every Step - Applying for benefits, guardianship, creating wills or trusts, and establishing other forms of asset protection can be overwhelming. To ease the stress, we are here to guide our clients and their family members every step of the way.
  • Credible and Highly Trusted - Our firm is recognized as one of the fastest-growing law firms in the U.S. in 2021 by Law Firm 500.
  • Accessible Legal Services - Booking your first free consultation is just a click away. You can schedule a consultation with our attorneys through our website and social media pages.

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Is It Possible To Avoid Probate?

Many people try to avoid probate and the hassle that comes with it. The process can be expensive and time-consuming. In addition, many family members are not prepared to deal with its complexities.

One legal option is to create a living trust and transfer properties in the name of that trust. After you pass on, the assets in that trust don’t have to go through probate. An appointed trustee will distribute the assets according to your wishes. This approach can eliminate the expenses and headaches of probate. Before setting up your trust, consult The Family First Firm to discuss your options.

There Are Several Reasons Probate Can Take Too Long

While probate can proceed more quickly if the estate does not have significant issues, the court can take a long time in cases where the heirs disagree with the division, or where certain properties in the estate are questioned.

A probate attorney can assist you in preparing the petition and taking the necessary steps to ensure the process will go as smoothly as possible.

The Family First Firm can help you collate all the properties of the estate, deal with creditors, pay estate taxes, and more. Contact us today for a free consultation.

Schedule a Discovery Discussion to Get expert guidance on settling your loved one's estate.
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They make the experience of dealing with family issues a comfortable experience.


The paralegal I consulted was very informative and compassionate. She took the time to explain all processes. Great customer service all around.

Charles | Medicaid & Elder Law | Orlando, FL


Google Review | Medicaid & Elder Law Attorneys | Orlando, FL

I am extremely pleased with this firm and would recommend them to ANYONE!

Maria | Medicaid & Elder Law | Orlando, FL


Google Review | Medicaid & Elder Law Attorneys | Orlando, FL

They make the experience of dealing with family issues a comfortable experience. Hard to broach some topics and it was much easier than I expected. You can trust Geoff with your life and death.

John | Medicaid & Elder Law | Orlando, FL


Google Review | Medicaid & Elder Law Attorneys | Orlando, FL

Make It Simple

Legislation has made the probate process as painless as possible, but there are always hiccups along the way. We’ll take the stress out of it by helping when wills are challenged, documents are lost, or creditors get confused.

Save Your Pockets

The law can be confusing, especially in times of grief, and people might try to exploit your situation. We make sure that doesn’t happen and provide complete clarity about your affairs. We also make probate faster, so you pay less in court fees.

Protect Yourself

We understand the loss of a loved one is difficult and painful. We never want you to put off your own care for a lengthy, contested probate. We’re committed to supporting you and ensuring that the process goes as smoothly as possible.

Common Questions

FAQs About Probate

What Is Probate? Probate is the process by which the circuit court manages the estate of a decedent who passed...

Do I need an attorney for probate?

In Florida, you’re legally required to use a probate attorney in most cases. In the rare case that it’s not,...

How can I plan to avoid or minimize probate?

The best way to ensure that your family won’t be tangled up in a costly and lengthy probate case is...

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Professional Associations

Avvo Rating 10.0 | Medicaid & Elder Law Attorneys | Orlando, FL2021 Honoree 500 | Medicaid & Elder Law Attorneys | Orlando, FLGoogle Review | Medicaid & Elder Law Attorneys | Orlando, FLBest Business of 2021 - ThreeBest Rated | Orlando, FL 32804Rising Stars Geoff Hoatson | Medicaid & Elder Law Attorneys | Orlando, FLRising Stars Jeanette Mora | Medicaid & Elder Law Attorneys | Orlando, FLThe Florida Bar | Medicaid & Elder Law Attorneys | Orlando, | Medicaid & Elder Law Attorneys | Orlando, FL

Family First Firm - Medicaid & Elder Law Attorneys in the media

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When you or a loved one passes away, an estate’s transition, called probate, goes into effect. Usually, the family is responsible, alongside a probate attorney, for distributing probate assets.
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