PROBATE

Because the passing of a loved one is an emotional situation for most families, it’s a bad time to manage the added complexity of probate, which can be difficult to navigate if you’re unfamiliar with it. Because probate is a legal process through which a deceased person’s estate, or property, is distributed to heirs and designated beneficiaries, the estate’s personal representative is required to have attorney represent them in the Florida Probate Courts.

When someone passes away, often times a probate proceeding must be opened with the court in order for the assets of the estate to be managed and then distributed to the beneficiaries. A common misconception is that only people who die without a Will need to open a Probate case; but the truth is that if a person dies with or without a Will, if they have assets that need to be distributed to beneficiaries, Probate is necessary.

The length of time it takes to complete the probate process will vary and depends on the size and complexity of the estate. In Florida, if an estate is valued at less than $75,000 (excluding the homestead property), a Summary Administration may be opened. A Summary Administration can often be administered in a few months’ time. However, if an estate is valued at more than $75,000 and/or unknown creditors exist, a Formal Administration will need to be opened with the court. While each case is different, many Formal Administrations can be completed in well under a year.

The loss of a loved one is a difficult time, and the probate process can be confusing and burdensome. We are committed to minimizing the impact of the probate process on your life, and saving you precious time and money.

If you have questions, please call us to discuss your needs.

Don Gervase

407-287-6767