How 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 only ways to get around this often arduous process.

Under Florida law, there are two types of probate: formal administration and summary administration. The Florida Probate Code is found in Chapters 731 through 735 of the Florida Statutes. The rules governing Florida probate proceedings are found in the Florida Probate Rules, Part I and Part II.

Probate laws vary from state to state and can be confusing if you are not a lawyer. While you do not need an attorney to guide you through probate, it is a good idea. An attorney can provide invaluable assistance during the probate process, ensuring you do not make any mistakes. Here is a look at how a probate lawyer can assist you after a loved one’s death.

Understand Probate Laws

A lawyer has legal expertise. Probate laws vary by state, and an attorney can explain the specific laws and procedures that apply to your situation. They can ensure that all necessary legal documents are correctly prepared and filed with the court on time.

Provide Guidance

If you are the executor or personal representative of the estate, an attorney can guide you through your duties, including gathering and managing assets, paying debts, and distributing property to heirs. They can represent you in court, addressing any legal issues that arise during the probate process.

Resolve Disputes

If there are disputes among heirs or beneficiaries, such as a contested will, an attorney can help mediate or represent your interests in court. An attorney can assist in resolving disputes with creditors.

Manage Complex Estates

For estates with complex assets, such as businesses, real estate, or investments, an attorney can help accurately value and manage these assets. An attorney can address any estate tax issues, including filing necessary tax returns and finding ways to minimize tax liability. For intestate estates, in which the deceased person did not leave a will, an attorney can help navigate the process of distributing the estate according to state laws.

Avoid Legal Pitfalls

Probate can be a detailed and time-consuming process. An attorney ensures that all actions are in compliance with the law, reducing the risk of mistakes that could delay the process or lead to legal challenges.

Contact Our West Palm Beach Probate Today

Probate is a common occurrence, but if you’ve never been through the process, it can seem lengthy and complicated. Find a lawyer who understands the laws and can guide you through the process.

Seek legal help from West Palm Beach probate attorney Brian K. McMahon, P.A. We can answer your questions and give you the support you need. To schedule a consultation, fill out the online form or call (561) 658-1789. We serve the West Palm Beach, Boca Raton, Port St. Lucie, and South Florida areas.