Florida Probate Attorneys
Legal Guidance for You & Your Family
When someone passes away after creating a will, a court might need to review that will to affirm its legality and that it functions as intended. The process of verifying a will in court is called probate, and it can be one of the most frustrating legal parts of dealing with a loved one’s passing. The Dellutri Law Group, PA is here to help Floridians avoid the complications of probate with genuinely compassionate and highly experienced legal assistance. Our probate lawyers know what it takes to navigate probate or probate litigation.
We can offer our legal counsel and representation to anyone involved in probate, such as:
- Family members of the deceased
- Estate representatives
- And more
If you need help with probate, or you want to contest a will, call (800) 391-4337 now.
Steps in Florida Probate
There are three main steps to probate in Florida courts:
- Gathering assets: A person’s will should describe their assets in detail, but it is common for some items to be overlooked. Even assets as important as a vehicle or piece of real estate can be left out of a will. Probate involves identifying and gathering all of the decedent’s assets to verify them against the will and the estate. Ideally, this process will go smoothly because everything will have been accounted for ahead of time. But probate can take longer as more and more unnamed assets are located and cataloged.
- Paying debts: Once the court is satisfied that the decedent’s assets have been gathered, the next step in probate is paying debts that the decedent owed to creditors, lenders, and other third parties. Financial assets can be used to directly pay debts, or valuable assets can be sold or surrendered as needed. In many ways, this step is the most important – and the most frustrating – part of probate because it ensures debts are unfairly passed to beneficiaries, but it can also mean losing significant parts of an estate to creditors.
- Distributing assets: Any assets that remain after debts are paid can be distributed to beneficiaries and heirs, which should have been named in the decedent’s will. If there are assets that have not been designated to a specific person or party, then probate can help decide how to assign those assets by following Florida’s laws and guidelines.
Do All Estates in Florida Go Through Probate?
In Florida, the answer is: it depends. Not all estates nor all assets need to go through the probate process. With the right preparation and assistance from a probate attorney, your family might be able to sidestep probate entirely, but the preparation of the decedent can play a big part in that.
A few assets that don’t need to go through probate are:
- Assets included within a living trust
- Jointly owned or held property
- Predesignated assets like retirement accounts
If the decedent passed away without making a will, forgot to mention assets, or has a complex estate, then avoiding probate is unlikely. Although even when probate can’t be avoided, it can be mitigated into a less stressful issue.
Moving Forward Without Worry
Our team of Florida probate attorneys is here to help you and your family get through probate with as few complications as possible. You deserve to put this legal process behind you soon, so you can focus on remembering your loved one who passed away and passed along their assets. Let’s get there together by working on your case today.
Want to know more about probate in Florida? Contact our firm.
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