Probate

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
  • Guardians
  • Estate representatives
  • Beneficiaries
  • Conservators
  • 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.

The Dellutri Difference

  • A Healthy Firm Culture

    When our employees are happy to come to work, we know that they are capable of overcoming any challenge on behalf of our clients.

  • Service Tailored to Your Needs

    We sincerely care about each and every one of our clients and refuse to treat them like a case file to be passed from person to person.

  • Communication You Can Count On

    We believe that our clients deserve clear and consistent communication every step of the way, without any unnecessary "legalese."

  • A Culture of Philanthropy

    In order to give back to our community, each employee at our firm is granted the opportunity to sponsor a charitable cause of their choosing.

  • Experience & Passion on Your Side

    Our dedicated team of lawyers, paralegals, assistants, & staff have been fighting on behalf of our clients since 1998.

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Meet Your Attorneys

Committed to Making Our Community a Better Place
  • Carmen  Dellutri Photo
    Carmen Dellutri

    Attorney

    If you know Carmen Dellutri, you know he is passionate about a lot of things. He gives back often- to his community, his employees, and his loved ones. Carmen has mentioned time and time again that the reason he became an Attorney, and specifically a Personal Injury and Bankruptcy Attorney, is because he loves to help others.
  • Amanda  Downing Photo
    Amanda Downing

    Attorney

    Amanda Downing doesn’t mince words and says what she means when it comes to the opposing side. She has the biggest heart and will fight tooth and nail to bring justice for her clients. “I hate having to go to bat for those victims, because they never should have been put in that situation to begin with. It’s just completely unfair.”
  • David  Lampley Photo
    David Lampley

    Attorney

    David Lampley is a father of four. He knows that becoming a father has strengthened his professional life. He has greater compassion for parents who have to move life around to accommodate their children. “I wish other attorneys would remember that people who come to them looking for advice are parents too, just trying to do what is best for their families.”

  • David W. Fineman Photo
    David W. Fineman

    Attorney

    Before David W. Fineman became an attorney, he was a deputy for CCSO and PGPD. David’s lifelong devotion to helping others, mixed with his empathy for people going through hard situations, is what makes him a fantastic attorney. Being a man of his word is something David stands by and you can always count on him to get the job done and get it done right!
  • Joe  LoTempio Photo
    Joe LoTempio

    Attorney

    Joe LoTempio is referred to as the office superhero to many of our clients who need defending against evil creditors in our consumer protection department. Joe has always had a passion for standing up for those who need a voice, protection, and justice after being taken advantage of, so it’s no shock as to why he decided to go into consumer law.
  • Mark  Martella Photo
    Mark Martella

    Attorney

    Mark Martella was born and raised in the town of Belleville, New Jersey, a suburb of New York City, in a small, tight knit, Italian-American community. Mark is licensed to practice in all state courts in the state of Florida as well as the United States District Court for the Middle District of Florida. He is also licensed in the State of New Jersey and Commonwealth of Pennsylvania.
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