Opening an estate
Opening an estate: Preparing and filing the necessary court documents to begin probate proceedings.
Florida Probate
Florida Probate: What Happens After Someone Dies?
When a loved one passes away, family members are often left with questions about property, bank accounts, debts, the home, and how inheritance will be handled.
Probate is the legal process used to administer certain assets and resolve the affairs of a person who has died. The process depends on the assets involved, how they were owned, whether a will exists, and the circumstances of the estate.
A Florida probate lawyer can help you understand what needs to be done and guide you through the appropriate legal process.
Probate services may include:
Probate administration
Probate administration: Helping the personal representative identify and manage estate assets, address creditor claims, satisfy applicable obligations, and distribute property as required by law.
Summary administration
Summary administration: Determining whether an estate qualifies for Florida's simplified probate procedure, which may be available in certain circumstances.
Homestead proceedings
Homestead proceedings: Helping establish the legal status of a deceased person's Florida residence and determine how it may pass to the surviving spouse, children, or other beneficiaries.
Probate without a will
Probate without a will: Explaining how Florida's intestacy laws determine who inherits when a person dies without a valid will.
Wills and beneficiary questions
Wills and beneficiary questions: Reviewing relevant documents and explaining how assets may pass under a will, trust, beneficiary designation, or applicable law.
Resolving estate issues
Resolving estate issues: Addressing questions involving estate property, creditor claims, missing documents, and disagreements that may arise during administration.
Assets that may pass outside probate
Not every asset must go through probate. Property held in a properly funded trust, certain jointly owned assets, and accounts with effective beneficiary designations may pass outside the probate process. An attorney can help identify which assets require administration and which may be transferred by other means.
Getting guidance early can help families understand their rights and avoid mistakes involving one of their most important assets.