Probate is the court-supervised process by which one person's assets are transferred to others following his or her death. The personal representative (executor) is the person charged with carrying out the probate process with the assistance of a probate lawyer.
In most cases, probate proceedings are straightforward, but things can get complicated if the family disagrees or does not get along. As your attorneys, we can help you avoid getting caught up in a prolonged process when assets are tied up.
Probate is necessary to pass ownership of the decedent’s probate assets to the decedent’s beneficiaries. If the decedent left a valid will, unless the will is admitted to probate in the court, it will be ineffective to pass ownership of probate assets to the decedent’s beneficiaries. If the decedent had no will, probate is necessary to pass ownership of the decedent’s probate assets to those persons who are to receive them under Florida law.
Determination of probate assets from non-probate assets is the first step of the process. Our goal is to quickly assist you in getting the non-probate assets distributed according to law. All other assets passing through the probate process are handled over a period of time and is finalized with judicial orders from the judge in the decedent’s jurisdiction.
Understanding how Homestead laws effect the probate process is a critical part of being a successful probate lawyer. Often, the Homestead is the largest asset in an estate. Having a Board Certified Real Estate expert with years of probate experience gives our clients certainty that the estate is in good hands. Sometimes, the Homestead can be divested to heirs on a faster time frame than other probate assets. Each case requires individual assessment as no two cases are exactly alike.
Although probate can be a lengthy and tedious process, we strive to make it as simple and efficient for you and your loved ones as possible. After the probate has concluded, our clients come to understand the importance of having an estate plan to minimize the need of probate, or eliminate it all together with proper planning techniques. Be sure to understand the differences between probate and non-probate assets, and hire a qualified and experienced probate attorney in the event you require a probate.