After the death of a loved one, his or her estate often needs to go through the court-managed process called “Probate.” During probate, the assets of the deceased are gathered and distributed to the appropriate persons, entities, charities, or creditors. Due to the Florida probate statutes and regulations, the probate process takes quite a bit of time to complete. Based on the facts of your situation, the process could take a few weeks to well over a year.
We represent personal representatives (also known as “executors”) of the estate, beneficiaries of the estate (spouses, children, or other “heirs”), and creditors of the estate (those who have a financial claim against the estate) in probate courts throughout Florida.
Our Orange City probate attorneys will work closely with you to:
- Publish the notice to creditors in the Estate
- Obtain a Bond in the Estate (if needed)
- Protect the assets during the Probate process
- Collect and Inventory the assets
- Help provide a value for the assets
- Pay debts, taxes and expenses of the estate
- Address beneficiary questions and concerns
- Resolve disputes
- Give Notice to Creditors
- Resolve Creditor claims
- Sell Real Property
- File an Accounting with the Court
- Make final distribution of the assets
What if the decedent had a Trust?
If your loved one properly drafted a trust during their lifetime, they may have properly avoided the need to go through the probate process. The successor trustee of the decedent’s trust would distribute the trust assets as spelled out in the trust. The amount of time required to properly distribute the assets from a trust varies depending on the complexity and size of the trust estate.
The time frames to act in a timely manner are limited.
Failure to timely act may restrict your interest or claim to the estate. Contacting an attorney as soon as possible after the death of a loved one can ensure you are able to properly administer the estate or assert a proper claim to an estate.
Our Auburndale firm is committed to assisting our clients go through this proceed as efficiently as possible.
We have helped hundreds of clients with their probate or trust administration and would be honored to guide you and your family through the process with sensitivity and compassion.
Our estate planning attorneys understand the process can seem confusing. Our personal approach to guiding you through this tough time removes the guesswork so the process goes as smooth and pain-free as possible for you and your family.
Some important questions people ask are:
- What if we cannot find my loved one’s Will?
- Who’s in charge of handling all this paperwork?
- What are the important deadlines for processing a probate?
- What do I do with property located outside of Florida?
We can answer all of these questions and more. Contact us today to allow us to ensure you comply with the legal requirements and avoid mistakes made.