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What Is Florida Probate?
In Florida, like many other states, probate is a legal process in which your estate moves through the legal system in the event of your death. The probate legal process is designed to transfer the ownership of your estate in an organized and administered fashion to another person or legal entity. According to Florida probate laws, the rules of probate, demand that debts and taxes of the estate are paid off or adhere to the laws of probate before any transfer of assets or property can occur. Whether you have a will or not, your estate will move through the probate process when you die. A properly executed will greatly simplifies the Florida probate process but you are making an assumption that the probate courts will always do the right thing by you.
To protect yourself, you need to have a properly executed recent will. Wills should be reviewed every three years due to changes in laws or life changes such as divorce, death of beneficiary or birth of a grand child. Whether you have a simple estate or a complex estate, having a probate attorney at your disposal can ensure that things go according plan while avoiding unnecessary costs or delays during the Florida probate procedures. SHAMY, EL FADEL & MAHONE offers a free confidential probate consultation to give you and your loved ones piece of mind. Call today: 561-939-8042
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When someone dies they leave behind a lot of paper work
The Florida probate process can be filled with paper work. Your will should designate an executor or the person who will be in-charge of handling the probate process. Being an executor might be deemed as an honor but the position carries a lot of responsibility because you have put this person in charge of your affairs. Your personal representative will be in charge of gathering documents that require all your debts to be paid off and then transferring all your assets to your assigned beneficiaries. All of this must be done according to the terms of the will or no will exists it must follow the Florida laws of intestate.
Creditors will be notified of your death and false claims might be levied against the estate. Your real and personal property will be inventoried and accounted for. Beneficiaries will want an accounting of the assets and liabilities. If you have multiple properties, in multiple states, you will have multiple probates.
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Your creditors and heirs will get what is owed to them when:
- Estate Administration Costs Are Paid
- Family Allowances and Verifiable Expenses Are Paid
- Funeral Expenses Are Paid
- All Local, State and Federal Taxes Are Paid
- All Debts Are Paid Off
- All Remaining Claims Are Paid Off
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Your Will Can Be Contested During The Probate Process
A lot of people and companies are going to be informed of your death. During the probate process, it is not uncommon to have an heir, beneficiary or fiduciary contest the will during the probate process. The Florida probate process is time consuming and expensive, throwing in a contested will can make matters more challenging.
You can minimize the risk and exposure to the probate process by speaking with an estate planning attorney, like SHAMY, EL FADEL & MAHONE, to formulate the best legal strategy to minimize the probate process.
Probate is mostly a clerical mistake but accidents and mistakes do happen. Hopefully your executor is up to the task and has a keen watchful eye on your assets.
You need help if:
- You have not update your will or estate plan in over three years.
- You or another party are contesting a will before or during Florida probate.
- Beneficiaries are in conflict over joint inheritance issues.
- Multiple property in different states
- A will is lost or stolen
- You feel the probate courts have made an error to your detriment.
SHAMY, EL FADEL & MAHONE is ready to help you today. Schedule a convenient confidential consultation.
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