Benefits of Hiring a Qualified Probate Attorney

If you are the sole legal owner of any assets in the state of Florida – such as a bank account, investment account, or real estate – then upon your death, your assets may be subject to the probate court process. Probate is the process by which a decedent’s probate assets (as opposed to non-probate assets, like a life insurance policy) are distributed to pay creditors, clear taxes owed, and bequeath what remains to heirs and beneficiaries. Probate may be required regardless of whether or not you have a Will. If you’re worried about what will happen to your estate when you pass away, or if you’ve been designated the personal representative of a loved one’s estate, you should undoubtedly consider consulting with a professional Probate Attorney.

What is a Probate Lawyer?

This is a fair question to ask before making your decision. A probate lawyer, also known as an estate lawyer, is a licensed attorney who specializes in assisting the personal representative of an estate (or the executor of a will) navigate the entire probate process from beginning to end. Because probate laws vary from state to state, you should ensure that your probate attorney is licensed to practice in the state of Florida and has a demonstrable knowledge of the specific requirements and procedures of Florida probate.

What Does a Probate Attorney Do?

Florida probate law allows for different types of probate processes depending on the value of the decedent’s estate, how long ago the decedent passed away, and whether or not they were Florida residents upon death.

For example, Formal Administration is a process that typically lasts at least six months during which all the assets of the estate must be identified and gathered by the personal representative and accounted for with the probate court. Summary Administration works in a similar fashion, but is a more streamlined process that can be used if the total probate assets are $75,000 or less or if the decedent has been deceased for two years or more. Then there is Ancillary Administration, which is for administering the estate of a non-Florida resident (such as when a non-Florida resident dies owning Florida real estate). The different documents and preparations required for each form of probate makes it crucial that the probate attorney has a comprehensive grasp on all aspects and developments of Florida probate law.

The process will also differ depending on whether the decedent died with a valid Will (testate) or without a valid Will (intestate). Each scenario is very different and comes under distinct laws and requirements governing how the assets shall be distributed. Once again, your probate attorney must be well versed in the different scenarios and circumstances, in order to ensure that no matter the type of probate, the process will proceed smoothly and optimally.

Who Can a Probate Attorney Help?

Aside from advising and guiding a personal representative during probate, a probate attorney can also lend such services to the beneficiary of the estate, such as when they are challenging the validity of a Will or have a dispute with the personal representative. These probate attorneys can often litigate such issues in court if need be. Furthermore, many probate specialists, by virtue of their experiences in probate, can assist individuals in planning their estate and devising legal instruments, like Wills and Trusts, that will effectively execute their intentions and desires while minimizing the chances of any issues during the probate process.

How Does a Probate Lawyer Advise and Assist During Probate?

Here are just a few of the areas and matter wherein a probate attorney will be indispensable:

• Locating and securing probate assets (as well as distinguishing them from non-probate assets)
• Obtaining the values and appraisals of all of the decedent’s assets at the time of their death
• Timely preparing and filing all documents required by the probate court
• Advising on the payment of any outstanding taxes and debts, as well as addressing any income tax issues
• Monitoring the checking account statements of the estate
• Determining if any estate taxes and/or inheritance taxes will be due and, if so, arranging for their payment
• Settling any disputes between the personal representatives and beneficiaries
• Assisting with and guiding the sale of the estate’s assets, if applicable
• Working with the court to approve certain actions required Florida probate law
• Reviewing or drafting a plan to distribute the remnants of the decedent’s assets (after the payment of bills and taxes) to the beneficiaries