Blog Posts - Probate
Can Creditors Make Claims Against an Estate During Probate in Florida?
Yes. In Florida, creditors can file claims against a person’s estate during probate, and valid debts must usually be paid before beneficiaries receive distributions. The law sets strict timelines and procedures for these claims. In areas like West Palm Beach, Fort Lauderdale, and Miami, estates typically include mortgages, medical bills,...
Continue ReadingWhat Happens If a Will is Contested in Florida?
When someone contests a will in Florida, the probate court pauses distribution until the matter of validity is resolved. Contests can be based on issues such as undue influence, lack of capacity, or improper execution. In South Florida, will contests are common in estates involving blended families, life changes, or...
Continue ReadingCan a Personal Representative be Paid for Their Services in Florida?
Yes. In Florida, personal representatives are usually paid for their work administering an estate. The law provides a fee structure that is presumptive reasonable compensation, but courts can adjust it upward or downward as seen fit, given the circumstances. The payment typically comes from estate assets, not from beneficiaries personally....
Continue ReadingHow Does Florida Handle Out-of-State Property in Probate?
If someone dies owning property in Florida and another state, Florida probate usually handles Florida assets. However, a second probate process, called ancillary probate, may be required where the out-of-state property is located. This can significantly affect timelines, costs, and how assets are transferred to heirs. If you have any...
Continue ReadingWhat is a Florida Revocable Living Trust, and Does it Avoid Probate?
Many people are surprised to learn that revocable living trusts do not allow them to avoid probate entirely. Revocable living trusts in Florida are legal documents that hold property. During your lifetime, you can control the assets in the trust and can sell, transfer, or gift them as you wish....
Continue ReadingHow are Estate Taxes Handled in Florida Probate?
No one wants to worry about taxes after losing a loved one, but it is important to know how they work. Losing someone you love is the hardest thing you will ever go through. In the days, weeks, and months following, the last thing you want to worry about is...
Continue ReadingWhat Happens if the Personal Representative is Unable to Serve in Florida?
Individuals named as personal representatives are not always willing or able to serve in the role. Our Florida probate lawyer explains what happens next in these situations. Personal representatives are responsible for many tasks during probate in Florida. However, individuals are not required to fulfill the role, even when they...
Continue ReadingWhat is the Role of the Personal Representative in Florida Probate?
Personal representatives are responsible for administering an estate during probate, which involves many different duties. Personal representatives in Florida are individuals who are named in a person’s will. When a person does not leave behind a will after they pass away, the probate court will appoint a personal representative. Known...
Continue ReadingDoes Florida Probate Apply to Small Estates?
There are other options than formal administration for smaller estates in Florida, but certain criteria must be met. Many people understand that probate is a long and involved process in Florida. It can also involve creditor claims that potentially devalue an estate, and conflicts within the family may also arise...
Continue ReadingHow are Debts Handled During Probate?
When a person dies, unfortunately, their debts do not die as well. These debts must be paid out of the deceased person’s estate. This happens during the probate process. All estates go through probate unless there is a trust involved. If the estate does not have enough money, then the...
Continue ReadingWhat is the Difference Between Formal and Summary Probate in Florida?
When a loved one dies, you will likely have to go through the probate process. Probate is the process of settling a deceased person’s estate. When it comes to probate, you may think there is only one way to go about it. There are two main types: formal and summary....
Continue ReadingWhat are the Steps in the Florida Probate Process?
When a loved one dies, you are not only dealing with the grief but also the process of settling their estate. This is called probate, and it is not anyone’s idea of fun. It is a long, drawn-out process that can also be costly. Probate is not something you want...
Continue ReadingCan I Avoid Probate in Florida?
The average person does not want to go through probate. The process can be lengthy. It can take a long time for a person to receive assets. The good news is that there are ways for a person to set up their estate and accounts so that their heirs can...
Continue ReadingCan a Florida Probate Be Expedited?
If you’re worrying about losing a loved one anytime soon, you may be concerned about the legal processes involved. It is not just about the grief; you also have to worry about probate. Probate is the lengthy process of handling the deceased person’s estate, such as their assets and debts....
Continue ReadingWhat Assets are Subject to Probate?
When a loved one dies, their assets will likely have to go through probate unless there is an exception, such as if they were held in a trust. Probate is the legal process of completing a person’s financial affairs after their death. It is used to distribute a deceased person’s...
Continue ReadingDo All Estates Have to Go Through Probate in Florida?
If a loved one has recently died, you may be concerned about that dreaded word called probate. Probate can be a bad word for many family members trying to handle an estate after a loved one’s death. It can be a long and costly process, especially for complicated estates. The...
Continue ReadingCan Probate Be Avoided in Florida?
After a loved one dies, you’ll likely be grieving. You’ll have a lot going on, especially if there is probate involved. Probate is a court-supervised process for identifying and gathering the assets of a deceased person. A personal representative will be responsible for paying the person’s debts from the deceased...
Continue ReadingAre There Taxes Owed on Assets in a Florida Probate Estate?
As the saying goes, there are only two certainties in life: death and taxes. Unfortunately, these two certainties often come at the same time. When a person dies, their estate goes through probate and often incurs taxes. The good news is that only 17 states have an estate tax. If...
Continue ReadingHow Can an Attorney Help With the Probate Process in Florida?
If your loved one dies with or without a will, you will likely need to go through the probate process. Probate is a court-supervised process that requires gathering the assets of a deceased person, paying their debts, and distributing their assets. Having a trust in place is one of the...
Continue ReadingWhat is Probate?
If your loved one dies, their estate will likely have to go through probate. Probate refers to the process of validating and administering a will. An executor will be appointed to manage this process, although the court will assist as well. It is also a good idea to have a...
Continue ReadingHow Long Does Probate Take in Florida?
A loved one died, and you are the executor of their estate. Or maybe you are an heir wondering when you will receive your assets. In any case, you will likely want to know how long the probate process takes. There is no clear-cut answer to this question, as each...
Continue ReadingWhat is the 10-Day Rule for Probate?
The death of a loved one can be a devastating time. Not only are you grieving the loss of your beloved family member, but you might be called upon to deal with their estate as well. If you are the executor of the deceased’s estate, you have an important role...
Continue ReadingWhat Assets Do Not Pass Through Probate in Florida?
When a loved one dies, their estate will most likely go through probate, unless they had absolutely no assets or they were held in a trust. Nobody likes the thought of probate, as it can be a lengthy and costly process. Plus, the process can take an emotional toll on...
Continue ReadingWhat Are The Different Types of Probate in Florida?
When a family member dies, there is a lot to deal with. Not only is there grief, but also dealing with a burial or cremation, funeral expenses, and the person’s estate. Everyone has an estate that needs to be handled when they die. This process is intricate, as it often...
Continue ReadingHow Does Probate Work When Someone Dies in Florida?
Life comes with a lot of sadness and burdens. This is especially true when a loved one dies. Not only is there the grief that follows, but you will also need to handle their affairs. This often means going through probate. Probate refers to the court-supervised process of distributing assets...
Continue ReadingWhy is Probate Important?
Talking about probate isn’t something that people want to do since it involves someone that recently passed. A loved one’s loss is among the hardest things you can go through. This time is understandably difficult, and the thought of dealing with all the legal processes needed during this challenging time...
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