Orlando Probate Attorney
If your family has experienced the loss of a loved one, emotions and tensions may run high, especially regarding assets. During this difficult time, you should prioritize your family instead of worrying about the complex probate process. Our Orlando probate lawyers at Fighter Law can help you resolve any issues regarding your loved one’s last will and testament in a level-headed and calm manner to avoid any disputes. We understand the sensitive nature of these cases, so we treat every situation with care and respect.
Our compassionate probate lawyers in Orlando have decades of experience representing those in the Orlando area, so you can rely on us to handle every aspect of your case effectively. We understand the arguments that often arise over a loved one’s will. Fortunately, we are here to help you find a fair solution for you and your family and understand the full scope of the probate process.
What Is a Florida Probate?
In Florida, a probate is the process of transferring ownership of the deceased’s assets to the person legally allowed to receive them. This process is also called estate administration, and it is required when someone passes away with assets, like a house or bank accounts, in their name. You may also need a probate if a personal representative needs to resolve any issues regarding the death.
Depending on your circumstances, your probate may fall into one of three categories, which include the following:
This is the most common type of probate in Florida, and the county court where the deceased passed away typically handles it. During this process, a personal representative manages the distribution of the descendant’s assets. If you are the personal representative, we can help you through this challenging process to avoid any disagreements amongst your family.
A summary probate is a simplified form of the probate process that occurs when the assets involved have a value of $75,000 or less. These probates do not involve a personal representative, so the court divides the assets into the beneficiaries. Our knowledgeable probate lawyers can help you understand what assets are subject to probate.
Disposition Without Administration
If the value of the funeral and medical expenses exceeds the value of the deceased’s assets, a disposition without administration probate can be filed. When the deceased leaves a small amount of assets, the court uses this expedited process to transfer ownership to the appropriate beneficiary swiftly.
How Does the Florida Probate Process Work?
Once we help you determine which probate process works best for your circumstances, we can help you throughout the entire process. While every situation is different, the general process for probate in Florida involves the following steps:
- Meet with a lawyer: Before the process begins, you can meet with one of our probate lawyers to gather and review documents you will need during probate administration, like the will, real estate deeds, financial statements, and insurance policies.
- File documents with the court: To start the probate process, you file documents with the probate court, including the petition for administration and acceptance as the personal representative.
- Inform beneficiaries: Once the probate has started, you must notify those entitled to inherit property that the process is underway.
- Receive administration letters and open accounts: The court will send a letter of administration, which you can use to open an estate account. You can deposit money into this account that is subject to probate.
- Issue notice to creditors: The estate creditors then receive notice the probate is open. During this step, creditors can file claims, which the administrator can pay or dispute.
- Proceeds to estate account: Assets and accounts in the descendant’s name alone can be liquidated and sold. The money from this stage can be added to the estate account.
- Pay estate taxes: When settling the estate, the personal representative must file an income tax return and handle other estate taxes.
- Estate accounting: The final accounting is done and distributed to the beneficiaries. The accounting may include estate assets, distributions made, probate costs, and a fee to pay the personal representative.
- Distribute assets: The personal representative and lawyer develop an asset distribution plan, which the beneficiaries must agree on to distribute the assets.
- Close proceedings: The court discharges the probate and closes the estate proceedings.
Even the simplest probates require extensive knowledge of Florida law, so it’s essential to contact an experienced probate attorney that can guide you through the process and achieve a positive outcome. We help you make the best decisions for your family, so you can have a stress-free legal experience.
Consult a Trusted Orlando Probate Attorney at Fighter Law Today
Dealing with the legal process after losing a loved one takes a lot of strength. Therefore, you deserve a high-quality probate attorney that will support you from start to finish so you can focus on your family. At Fighter Law, our board-certified Orlando probate lawyers dedicate themselves to finding the best solutions for you.
We have proudly and passionately served the Orlando area for many years with top-notch legal services. Our caring probate lawyers take every case seriously and use their expertise to develop customized plans suited to your needs and circumstances. Give us a call at (407) 344-4837 or fill out our contact form to schedule a consultation.