Clearwater Probate Attorneys
Your Dedicated Advocates During the Probate Process
Committed to Defending Your Rights & Best Interests
When faced with the loss of a loved one, the last thing you want to deal with is their legal affairs. Our Clearwater probate attorneys are committed to taking this huge weight off your shoulders.
With decades of combined education and experience, we are dedicated to guiding you through the probate process and protecting your best interests during this challenging time.
Attorney James M. Flick has handled cases involving estate planning, asset protection, probate administration, and trust administration for thousands of clients since 2011.
What Is Probate & How Does It Work in Florida?
Probate is the process of authenticating a decedent’s will, creating an inventory of their assets, paying off their remaining debts/taxes, and distributing those assets to any heirs. It is overseen in probate court and can take several months depending on the size and complexity of the estate.
If there is no will, the probate court will distribute assets according to state laws. Hiring an experienced probate lawyer helps ensure that the deceased’s estate is administered according to their final wishes, with added legal protection for the estate and beneficiaries. Our probate layers also help clients develop estate planning strategies to minimize or avoid probate altogether for a smoother transfer of assets.
Probate Laws in the State of Florida
Florida probate laws are designed to ensure the correct distribution of a deceased person’s assets. These laws apply when a Florida resident dies and leaves behind property or when a non-resident dies while owning real estate in Florida.
The state has formal and summary probate procedures. Formal probate is used for larger estates or when there are disputes among beneficiaries, while summary administration is a simplified process for smaller estates or older estates. Florida law sets specific time limits for filing a creditor’s claims, typically within three months after the first publication of the notice to creditors. Florida does not have a separate probate court, so probate matters are handled in the circuit court.
What Are the Different Types of Probate?
There are three main types of probate depending on the individual case facts and circumstances. The probate process can begin immediately after a person’s death and includes:
- Proving the validity of the deceased’s will
- Identifying and inventorying their property
- Appraising the property
- Paying debts and taxes
- Distributing the remaining property according to the will or state laws
Informal Probate
Informal probate is the simplest and quickest form of probate, typically used when the deceased person’s estate is straightforward, debts are paid, and there is no dispute among the beneficiaries. In informal probate, an executor is appointed to handle the estate distribution without constant court supervision.
Formal Probate
Formal probate is used when there are disputes or complexities involved. For example, if the will’s validity is in question, if the estate is insolvent, or if the beneficiaries are contesting the distribution. During formal probate, the court oversees the entire process, from appointing an executor to the final distribution of assets.
Supervised Probate
Supervised probate, also known as “full probate,” is the most extensive probate process. Typically used for large, complex estates, it involves significant court oversight. From the validation of the will to the distribution of assets, every step requires court approval, ensuring maximum transparency and legality.
What Does a Probate Attorney Do?
A probate attorney specializes in handling the legal aspects of administering a deceased person’s estate. They assist with trust administration, ensuring that the terms of the trust are executed correctly and efficiently. Probate attorneys also help clients establish a power of attorney, which empowers a designated individual to make legal and financial decisions on their behalf if they become incapacitated.
Our local probate lawyers play an important role in guiding clients through the complexities of estate planning and administration, helping them avoid potential disputes and legal issues. By providing expert advice on trust administration and establishing powers of attorney, these legal professionals ensure that clients’ assets are managed and distributed according to their wishes while complying with all legal requirements. Working with a skilled probate attorney brings peace of mind, knowing that the client’s estate is in capable hands and their best interests are protected.
Types of Probate Documents
Various legal documents are required during the probate process to ensure the proper administration of a deceased person’s estate. Important documents include the deceased’s last will, which outlines their wishes to distribute assets, and a death certificate, which officially confirms their passing. Asset-related documents such as real estate deeds, bank statements, and investment records are also required to assess the estate’s value accurately.
As probate laws vary from state to state, consulting with an attorney experienced in the Florida Bar is crucial to ensure compliance with local regulations. Our attorneys help clients gather and prepare the required documents, providing a smooth and efficient probate process while protecting their interests in real estate, inheritance, and other assets.
How Can I Avoid Probate in Florida?
The probate process can be time-consuming, expensive, and exhausting. With strategic estate planning, it is possible to bypass it altogether. From joint ownership and living trusts to gifting assets and designating beneficiaries with Pay-on-Death and Transfer-on-Death arrangements, various strategies can help you sidestep probate and ensure a smoother transition of assets.
Living Trusts
A living or revocable trust is created to designate ownership of an individual’s assets during their lifetime. Upon their death, these assets are transferred directly to the beneficiaries named in the trust, bypassing the probate process for a more private and efficient transition.
Gifts
In estate planning, gifting involves transferring assets to others while you’re alive. It reduces the size of your estate, potentially avoiding or minimizing probate. While gifting can be a strategic way to avoid probate, it’s important to understand the potential tax implications before proceeding.
Joint Ownership
Joint ownership is a property ownership arrangement where two or more individuals hold rights to the same asset. Upon the death of one owner, their share automatically passes to the surviving owner(s) regardless of the deceased’s will. This transfer occurs without probate and simplifies the asset distribution process.
Pay-on-Death & Transfer-on-Death
Pay-on-Death (POD) and Transfer-on-Death (TOD) allow you to designate a beneficiary who will inherit your assets, such as bank accounts or securities, directly upon death. This can occur outside of probate, making the transfer process quicker, cheaper, and less complicated for your beneficiaries.
Find a Clearwater Probate Attorney Near Me
Our Clearwater probate attorneys are advocates here to listen to your concerns and ensure that your voice is heard. Our primary goal is to make the probate process as simple, efficient, and stress-free as possible. We’ll guide you through every step of the probate process, from validating the will and identifying assets to settling debts and distributing property. If you are in the Pinellas County or Central Florida area and interested in scheduling a free consultation, contact our law firm to speak with one of our Orlando probate attorneys, Sanford probate attorneys, Winter Park probate attorneys, Lake Nona probate attorneys, Winter Garden probate attorneys, Clermont probate attorneys, Leesburg probate attorneys, Melbourne probate attorneys, The Villages probate attorneys, or Daytona Beach probate attorneys.
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