Winter Park Probate Attorneys

What Are Probate Laws in the State of Florida?

Florida probate laws are designed to ensure the correct distribution of a deceased person’s assets. The laws apply when a Florida resident dies leaving property or when a non-resident dies 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. Importantly, Florida does not have a separate probate court; probate matters are handled in the circuit court.

What Are the Different Types of Probate?

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.

Informal Probate

This 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 distribution of the estate without constant court supervision.

Formal Probate

This process is used when there are disputes or complexities involved. For example, if the validity of the will 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 type of 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 & When Should I Hire One?

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 lawyers play an important role in guiding clients through the complexities of the probate process to help them avoid legal disputes and 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 accurately assess the value of the estate.

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. Probate attorneys can 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.

Ways to Avoid Probate in the State of 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.

Joint Ownership

Joint ownership refers to 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, simplifying the asset distribution process.

Pay or Transfer on Death

Pay-on-Death (POD) and Transfer-on-Death (TOD) are arrangements that allow you to designate a beneficiary who will inherit your assets, such as bank accounts or securities, directly upon your death. This occurs outside of probate, making the transfer process quicker, cheaper, and less complicated for your beneficiaries.

Living Trusts

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 a smooth and private transition.

Gifting

In the context of 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.

Find Winter Park Probate Attorneys Near Me

If you require legal assistance for a probate case in Orange County or Central Florida, request a meet-and-greet with one of our probate lawyers. Our Winter Park probate attorneys provide custom legal solutions to ensure that your assets are protected and distributed according to your final wishes or the final wishes of your deceased family member or spouse.