Probate

Probate is the legal process through which a deceased person's assets are distributed, debts are paid, and any disputes are resolved. The probate process ensures that a decedent’s wishes are honored, as outlined in their will, and that their estate is handled in compliance with Florida law. Whether or not a person has a will, their estate must undergo probate unless specific planning, such as a living trust, was in place to avoid it.

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How Probate Works in Florida

In Florida, the probate process typically involves the following steps:

1. Filing the Will: If the deceased person had a will, it must be filed with the court. If no will exists, the estate will be treated as intestate (without a will), and Florida’s laws of intestacy will govern how the estate is distributed.

2. Appointment of Personal Representative: A personal representative (often called an executor) will be appointed by the court to manage the estate. If there is a valid will, the personal representative will typically be named in the will. If not, the court will appoint someone, often a close family member.

3. Inventory of Assets: The personal representative must gather and inventory the decedent’s assets, which may include real estate, bank accounts, investments, personal property, and more.

4. Paying Debts and Taxes: Before distributing any assets, the estate's debts and taxes must be settled. This can include settling outstanding bills, mortgage payments, and estate taxes.

5. Distribution of Assets: Once debts and taxes are paid, the remaining assets will be distributed according to the terms of the will, or if no will exists, according to Florida's laws of intestacy.

6. Closing the Estate: After all assets are distributed and all matters are resolved, the probate court will close the estate.

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Types of Probate in Florida

Florida offers several probate procedures, depending on the size of the estate and the presence of a will:

1. Formal Administration: This is the standard probate process, which can be lengthy and may require hearings and court involvement. It is used for larger estates or when the estate administration is contested.

2. Summary Administration: Available for estates that meet specific requirements, including if the decedent's assets are under a certain value or if the decedent has been deceased for over two years. This process is faster and less complex than formal administration.

3. Disposition Without Administration: This is an expedited process used when the estate consists only of personal property of limited value, and there are no outstanding debts.

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Why You Need an Experienced Florida Probate Lawyer

Probate can be complicated, especially if there are disputes over the will, contested claims from creditors, or if the decedent's estate is large or complex. Our Florida probate attorneys provide compassionate and knowledgeable legal representation throughout the probate process, ensuring your interests are protected and that all legal requirements are met. Some of the reasons why you may need our assistance include:

• Contesting or defending a will

• Handling the appointment of the personal representative

• Navigating complex estate and tax issues

• Ensuring that all debts, taxes, and administrative duties are properly managed

• Managing disputes among beneficiaries or heirs

• Avoiding delays and costly legal mistakes

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How Our Law Firm Can Help You

Mosakowski Law, PA offers:

• Free Initial Consultation: We offer a no-obligation consultation to discuss your case and answer your questions.

• Comprehensive Legal Advice: Our attorneys will explain every aspect of the probate process, including your rights and obligations.

• Personalized Support: We understand that every family’s situation is unique, and we will provide you with a customized approach to meet your specific needs.

• Efficient and Compassionate Representation: We strive to minimize delays and complications so that you can focus on what truly matters—your family.

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Contact Us for Help with Probate Law in Florida

If you need assistance with probate matters in Florida, don’t hesitate to contact today for a free consultation