Probate Attorney in Orlando

Probate is the legal process of identifying, gathering, and distributing a person's assets after they pass away. In Florida, probate ensures debts are paid and remaining assets go to the rightful heirs. It's a necessary step if the deceased owned property or financial accounts solely in their name.

Not always. Some assets-like those held in a living trust, joint accounts, or with named beneficiaries-can avoid probate. However, most standalone property or accounts must go through probate unless proper planning was done in advance. 

Most probate cases in Florida take between 6 and 12 months, but larger or contested estates can take longer. Delays often happen due to paperwork issues, court backlogs, or family disputes. Working with a probate attorney helps avoid unnecessary slowdowns.

If a person passes without a valid will, Florida's intestate laws decide who inherits their estate. The court follows a strict order of priority-starting with spouses and children. This can lead to outcomes the deceased may not have wanted and often causes  family stress and delays.

In most cases, the person named in the will as the personal representative (executor) manages the estate. If there's no will, the court appoints someone-often a spouse or adult child. This is legally responsible for handling the probate process, including court filings, asset distribution, and debt resolution.

Yes, with careful planning. Creating a revocable living trust, naming beneficiaries on accounts, and owning property jointly can all help bypass probate. An esate planning attorney can help structure your assets to minimize or avoid probate altogether.

• Formal Administration - This is the standard probate process required for larger estates-generally those with more than $75,000 in non-exempt assets-or when disputes or complex issues arise. It is a court-supervised procedure in which a personal reprsentative (often witht the helpo of an attorney) is appointed to manage, settle debts, and distribute assets in accordance with the decedent's will or Florida law.
• Summary Administration - is a quicker and more cost-effective probate option available for smaller estates (typically under $75,000) or when the decedent has been deceased for more than two years. This simplified process does not always require a personal represenative and can reduce court involvement and legal costs.

Costs vary depending on the estates' complexity, but expect to pay court fees, attorney fees, and personal representative fees. In Florida attorney fees are often based on a percentage of the estate's  value. Planning ahead can help reduce these expenses significantly.

Yes, a will can be contested in Florida if someone believes it was created under duress, undue influence, or while the person lacked mental capacity. These disputes are handled in court an can prolong the probate process. Having a properly drafted will reduces the chance of successful challenges.

Losing a loved one is difficult enough, and navigating the Florida probate system shouldn't add more stress. A probate attorney serves as your legal guide through a process that can quickly become overwhelming, especially if there are multiple heirs, creditor claims, or complex assets involved.

In Florida, probate involves strict timelines, detailed paperwork, court procedures, and legal responsibilities. Even a small error can delay the case, increase costs, or unintentionally violate state law. An experienced probate attorney ensures: 

• The estate is administered correctly and efficiently.
• Assets are distributed according to the will or Florida intestacy laws.
• All debts and taxes are properly handled.
• Court requirements are met on time.
• Heirs and beneficiaries are protected from disputes or challenges.

Most importantly, an attorney offers peace of mind during a difficult time-ensuring your family can grieve and heal without the burden of legal confusion. 

If no suitable family member is available or willing, the court may appoint a professional personal representative or public trustee to administer the estate. This can lead to additional costs and may not reflect the deceased's wishes.

Start by gathering essential documents-like the will, death certificate, and financial records. Then contact a probate attorney to review the estate's situation. They'll help you understand what's required, file necessary court documents, and ensure the process begins properly.