Probate Attorney

After losing a loved one, the probate process can be overwhelming. Navigating the intricate world of probate – ensuring a will holds up in court, interpreting intentions, or resolving issues of undue influence – can pay an emotional toll. At Private Corporate Counsel Firm, we shoulder the legal complexities for you. We provide guidance from start to finish, allowing you to focus more on family during a difficult time.

How long does probate last in Florida?

Probate dictates the validation and execution of a will. It certifies the will’s legitimacy while ensuring the estate’s rightful distribution.

The length of Florida probate varies, often dependent on the estate’s complexity. Factors influencing the timeline include:

  • Locating and accounting for all assets
  • Identifying and notifying potential creditors
  • Settling creditor claims and distributing assets to beneficiaries
  • Gaining court permission to conclude the probate process

In ideal circumstances, the process may wrap up in four months. However, it’s common for probate in Florida to span from 9 months to 2 years, averaging around 18 months.

Our Orlando probate lawyers will expedite your probate process as much as possible. But whether it takes four months or two years, we provide beginning-to-end guidance and expertise, ensuring the will’s accuracy and upholding your loved one’s wishes.

Probate attorney & judge in Orlando Florida courthouse.

Understanding Probate

The Florida Probate Process

The probate process ensures the legal distribution of a person’s assets after their passing. If no will is produced, or if the will was not properly executed, then the estate is distributed according to state law. Here are a few of the key steps in the probate process:

  • Upon death, a person’s will is submitted to the probate court in their county.
  • Validity of the will must be proven. A “self-proven” will, or one signed by two witnesses in the presence of a notary, are usually accepted quickly by the court.
  • The document may nominate a personal representative, subject to legal qualifications.
  • Debts, taxes, and probate costs must be settled before asset distribution.
  • On satisfying the will’s terms, probate concludes, and the executor is dismissed.

For more probate rules, visit our resource page.

How to Avoid Probate

What assets enter probate? Generally, properties that don’t transfer naturally or have a predetermined arrangement for ownership transfer. Certain assets avoid probate, like joint bank accounts and life insurance policies with specified beneficiaries. Trusts are also a helpful tool for bypassing probate.

Role of a Personal Representative or Executor

The executor, nominated in a will, manages the decedent’s estate. This individual ensures assets are properly distributed and finalizes the probate process. While any mentally competent adult can serve as an executor, Florida mandates specific requirements for out-of-state representatives.

How We Help

Navigating probate requires diligence and legal expertise. Many legal issues arise throughout the process that can complicate the proceedings and overwhelm the personal representative.

To simplify and streamline the probate process, you need to work with a proficient probate attorney. By partnering with Private Corporate Counsel Firm, you’re not just getting legal guidance – you’re gaining a supportive ally during challenging times. Learn how we can help today.

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