Preparing For The Process Of Probate In Florida State

This article aims to help you understand:

• Who can initiate probate.
• How quickly probate claims can be closed in some circumstances.
• The benefits of hiring a lawyer for your probate case.

What Is Probate? When Does It Occur In Florida?

When you pass away, the State of Florida takes an interest in what you own and who gets it!  This can be very intrusive and burdensome.  Did you know that you or your family are not the only party that can start a Probate case – creditors may also intervene to collect money from your legacy.  In fact, the court may even appoint a stranger to your family to be the Personal Representative.  Because of this, it is important that you give your family control by establishing your estate plan.

The Probate process in Florida essentially makes an inventory of assets that must pass through Probate; announces to the world that you have passed and there is a Probate open; and then invites in all outside creditors to file a claim.  After that the court supervises the distribution of your remaining assets, if there are any, to your heirs.  There can be many more steps to a Probate but this is the focus of the process.  A court process that requires your family to spend significant amounts of money for legal representation for cataloging and distributing what you have earned.

Can I And Should I Avoid Probate In Florida?

Completely avoiding probate is not ideal because it exposes your estate to claims from creditors for at least two years. However, if your family is in control of the estate and probate, they can close claims in as little as 90 days from notice. The goal should be to build an estate plan that keeps your largest assets out of probate. The only way to do this is to establish a sound estate plan with an attorney that understands more than just Wills and forms.

Can Someone Successfully Navigate The Probate Process Without An Experienced Probate Attorney?

Although some can successfully navigate probate in some instances, Florida law actually requires an attorney for most probates and, in particular, formal probate. In general, the risk is not worth the reward. If a personal representative makes a mistake, they could be liable to pay creditors or heirs from their own money. Probate attorneys often pay for themselves by virtue of the time, expense, and risk they save you. For more information on The Process Of Probate In Florida State, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (904) 650-4262 today.