Lake Nona Probate Attorneys
Protecting the Future of Your Estate, Assets & Loved Ones
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Over Forty Years of Combined Experience
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Highly Rated & Accredited
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Big Firm Resources. Personalized Service
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Strong Probate Litigation Record
Probate Solutions for High-Net Worth Individuals
Losing a relative or spouse is stressful enough without the headache of trying to manage the deceased’s legal affairs on your own. Our Lake Nona probate attorneys are committed to helping clients plan and execute the probate process or avoid it altogether for the best possible outcome.
Attorney James M. Flick has been handling estate planning, asset protection, and probate administration cases since 2011. With over 90 years of combined experience in Florida probate cases and laws, our team is equipped to handle even the most complex circumstances with compassion and expertise.
What Does a Lake Nona Probate Attorney Do?
Our probate attorneys assist executors and beneficiaries of an estate in navigating the probate process. This process may include authenticating the decedent’s will, cataloging and appraising the deceased’s assets, paying any outstanding debts and taxes, and ensuring proper distribution of assets to heirs.
Additionally, we offer advice on legal and tax issues, represent the estate in court if disputes arise, and provide guidance on the legal requirements and timelines associated with probate. By ensuring adherence to state laws and mediating potential conflicts, probate attorneys play a crucial role in easing the complexities of settling an individual’s affairs after death.
Is Probate Required in Florida?
Probate is a legal process that occurs after someone’s death to authenticate the will, inventory all assets, pay off debts and taxes, and distribute any remaining assets to the designated heirs. Whether probate is required depends on the type and value of the assets involved. If the deceased owned real estate solely in their name or had assets without designated beneficiaries, probate may be necessary.
However, Florida offers “summary administration” for smaller estates valued under $75,000, excluding the value of exempt properties or if the decedent has been dead for more than two years. This simplified process is quicker than formal probate. Consulting with a Lake Nona probate lawyer can provide clarity specific to individual circumstances.
Central Florida Probate Laws
Florida probate laws ensure the correct distribution of a deceased person’s assets. These laws apply when a Florida resident dies and leaves property behind or when a non-resident dies and owns real estate in Florida. If there is no final will, the probate court will distribute the assets according to state laws.
Formal probate is 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.
How to Avoid Probate in Lake Nona, FL
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.
Establish a Living Trust
A living trust, also known as a revocable trust, is a legal entity created to hold ownership of an individual’s assets during their lifetime. Upon the individual’s death, these assets are transferred directly to the beneficiaries named in the trust, bypassing the probate process. This ensures an easier and more private transition.
Gift Your Assets
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.
File for 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 occurs outside of probate, making the transfer process quicker, cheaper, and less complicated for your beneficiaries.
How Does the Probate Process Work?
The probate process begins 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, and distributing the remaining property as the will (or state law, if there’s no will) directs. There are three main types of probate depending on the individual case facts and circumstances.
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 Lake Nona estate planning attorneys help clients gather and prepare the required documents. Our main goal is to provide a smooth probate experience while protecting your interests.
Types of Probate Documents
Various legal documents are required during the probate process to ensure the proper administration of a deceased person’s estate. Necessary documents include the deceased’s last will, which outlines their wishes to distribute assets, and a death certificate officially confirming their passing. Asset-related documents such as real estate deeds, bank statements, and investment records are also required to assess the value of the estate.
Last Will & Testament
A last will and testament is a legal document that outlines a person’s wishes regarding the distribution of their assets after death. It names beneficiaries and may designate an executor to manage the estate. Wills are essential for ensuring that property and belongings are distributed according to one’s intentions.
Death Certificate
A death certificate is an official document that certifies the date, location, and cause of a person’s death. It is issued by a medical practitioner or a government authority and is vital for various legal purposes, including probate, settling estates, and accessing certain benefits. It serves as legal proof of death.
Inventory of Estate
An inventory of estate is a detailed list of a deceased person’s assets and liabilities at the time of death. It includes real estate, personal property, bank accounts, investments, and debts. This inventory is essential during probate to determine the value of the estate and proper distribution to beneficiaries.
Appraisal Documents
Appraisal documents provide a professional assessment of the value of a specific asset, such as real estate or personal property. They are often required in legal and financial contexts, including probate, to determine the fair market value of assets. These assessments are typically conducted by licensed appraisers with expertise in the field.
Creditor Notices
Creditor notices are legal notifications sent to the deceased’s creditors, informing them of the individual’s death and the probate process. They provide a timeframe for creditors to file claims for debts owed, ensuring that valid debts are paid from the estate before distribution to heirs. These notices protect both creditors and beneficiaries.
Final Account
A final account outlines the financial activities of an estate including income, expenses, distributions, and remaining assets. The account must be presented to the probate court for approval and provide a clear, auditable record of how the estate’s assets have been managed and distributed.
Income Tax Returns
Income tax returns are documents filed with tax authorities that outline an individual’s or entity’s income, deductions, and taxes owed or refunded for a specific period. Even after death, a deceased person’s estate may have to file income tax returns for any income generated, ensuring compliance with tax laws.
Probate Court Petition
Probate court petitions are formal requests submitted to a probate court to initiate the legal process of administering a deceased person’s estate. These documents typically include information about the decedent, their will (if applicable), and the proposed executor or administrator.
Find a Probate Attorney in Lake Nona, Florida
Dealing with any legal process alone can be confusing and overwhelming, especially when it involves the death of a loved one. Our lawyers are available to guide clients through the complexities of the estate planning and probate processes to help avoid potential legal issues and ensure that assets are transferred smoothly.
If you are in the Central Florida area and interested in scheduling a free consultation, contact our office to speak with one of our Orlando probate attorneys, Sanford probate attorneys, Winter Park probate attorneys, Melbourne probate attorneys, Winter Garden probate attorneys, Clermont probate attorneys, Leesburg probate attorneys, Clearwater probate attorneys, The Villages probate attorneys, or Daytona Beach probate attorneys.
Client Success Stories
Discover why clients trust and recommend our legal services.
Charles “Chad” Walker has served Gibbs & Register, Inc. for the past ten years as our de facto general counsel. Chad has demonstrated both a broad knowledge of general legal matters and has been exceptional when it comes to construction law. His knowledge of both the law and the specifics of each issue he has advised us on has been well researched and his proposed strategies have been successful.
Amazing Just Amazing. The James and his team were fabulous. I want to thank everyone for helping me through this probate process. Every question I had you guys always answer and I am really thankful. The different modes of communication was wonderful especially for me that has a busy schedule. I would definitely recommend to anyone they are great at what they do.
Working with James and his team has been great. They are a hardworking group that cares about their clients. I highly recommend.
I had a great experience and would definitely use them again for any estate planning needs. Thanks guys!
