
What is Probate and Do You Need an Attorney?
If your loved one died with an asset in their individual name, with no surviving joints owners or designated beneficiaries (such as a beneficiary listed on a bank account), then that asset will need to go through probate. Probate is the court process of getting assets out of a deceased person’s name and to his rightful heirs. A person’s Last Will and Testament does not avoid probate – in fact, it is a legal directive to the probate court about who that person wants to inherit his estate and who shall serve as the executor, or as Florida calls it, the Personal Representative, of his estate. If you are nominated as the executor under your loved ones Will, please remember that you are not the legal representative of the estate until the court enters an Order admitting the Will into probate and has issued to you “Letters of Administration.” You have no legal authority until the court confirms you do.
There are two kinds of estate administration in the state of Florida: Summary Administration and Formal Administration. Summary Administrations are limited to smaller estates with no creditor claims. In this kind of administration, we are telling a court who the heirs are (whether by Will or, if no Will, by law) and what the assets are, and we are asking the court to enter an Order releasing the assets to said heirs. There is no appointment of executor, no creditor’s period, and no reimbursement of expenses. This kind of administration generally takes between three to six months to complete.
Formal Administrations are more common and much more complicated because of the legal steps required and the time limits that are imposed. Because of that, you cannot handle this kind of administration without an attorney. This kind of administration is for larger estates and/or those that have creditor claims. In this administration there is an appointment of an executor, notice to creditors, a creditors period, an opportunity for the executor or other heirs to seek reimbursement for out-of-pocket expenses (such as funeral expenses), and an opportunity for the executor to seek a fee for his or her services This kind of administration generally takes between six to nine months to complete.
Let Us Give You a Helping Hand
Scheduling a free consultation with us will allow you to find out what kind of administration you need (if any is required), what assistance we can provide, and more importantly, what will be the cost. No matter how large or small the estate, we will be able to assist you in the most straightforward and efficient way possible.