The world of law can be a confusing landscape for the uninitiated. While many people think of crime when they hear the word “lawyer,” the truth is that many of life’s tumultuous events can be navigated more smoothly with some legal assistance.
Life and death are two of the most serious issues we all face, and many of us acquire important possessions and heirlooms in between the two. Whether you want to leave property to your descendants after death or bequeath an asset to a family member after they reach a certain age, understanding probate laws can help.
In the state of Florida, “probate administration” has to do with managing a deceased person’s assets according to the wishes outlined in a will. It also deals with settling any outstanding debts. A probate administration attorney can help explain the “legal-ese” in these cases, and oversee your process in court.
Don’t feel intimidated by legal terms. Learn more about probate administration attorneys, and when you might need one.
Understanding Probate Administration
Probate is required after a death if a person owned property at the time of his or her death. In Florida, probate has to do with settling an estate or property of a decedent, which is the focus of administration. The future of that estate depends on the wishes outlined in the deceased’s will. Florida allows for many ways to settle an estate. If a person has no will when they pass away, probate is still necessary in order for their heirs to lawfully obtain title to their property.
Sometimes assets do not need to go through probate; the asset may go to a new owner without the approval of the probate court, perhaps due to designated beneficiaries, joint tenancy, or a living trust.
Some instances have no probate at all, and there is no administration required. This typically happens if the deceased individual didn’t have many assets or estates. Some examples that don’t require probate include life insurance policies, homestead property, revocable trusts, and other assets not included in a probate estate.
How Probate Administration Works
The two most common types of probate administration are:
- Summary administration: a shortcut used by many Florida estates, this may occur if a death happened more than two years ago, or if the value of the probate estate is less than $75,000.
- Formal administration: Otherwise called “regular probate,” this becomes necessary if the estate doesn’t qualify for a simpler type of probate administration. If a formal probate is required, the circuit court appoints a personal representative of the estate, usually by appointing the person designated as personal representative by the Decedent in his or her Will. to be personal representative.
Barring any objection from the beneficiaries, probate proceedings will happen in the county where the deceased lived at the time of death. Letters of Administration are issued by the court, giving authority over the estate to a personal representative.
The personal representative needs to file evidence in court to prove that the estate has been properly closed before they can be relieved of their responsibilities. The amount of time this takes can vary, but six months to a year is common.
When Might You Need A Probate Administration Attorney?
You may require a probate administration attorney in the following scenarios:
When Assets Are In The Deceased’s Name Only
Assets in the deceased’s name, such as real estate, property, or bank accounts, will require probate in order to transfer ownership. If the assets that are held jointly, or have designated beneficiaries in a will, probate may not be necessary.
Concerning Wills And Intestate Estates
Probate is required in order to validate a will, distribute assets according to the deceased’s instructions, or to appoint an executor. If there is no will, this is called “intestate,” and probate is required to determine who the legal heirs are. Different states have different laws in order to distribute the assets.
When Making Creditor Claims
With probate, there is a process for creditors to submit any claims against the estate. This can help shorten the expected amount of time creditors have to file such claims.
When Settling Disputes
It’s not uncommon for family disputes over the content of a deceased relative’s will to end up requiring legal aid. Probate administration attorneys can help determine a will’s validity or the proper distribution of assets.
However, not every case is quite so serious; sometimes it’s helpful to have legal assistance just to address questions or concerns about the will or the administration process.
Probate Administration Attorney In South Florida
Sometimes people have the opportunity to settle their affairs long in advance before they pass away. For others, death comes unexpectedly, leaving a complex web of questions regarding properties and other assets. Any time there are disputes or other complexities involved in the administration of an estate, it’s best to have an advocate to ensure fairness and accuracy.
You don’t have to navigate probate court alone or struggle through complex wording you don’t understand while also dealing with family affairs. Let the probate administration attorney at Handin Law help.
With over half a century of legal experience in different branches of real estate and business law, we provide personal and professional service to every client. Our neighborhood law office provides quality legal services you can trust at affordable prices. Whether you require assistance in probate, real estate matters, or starting a business, you can find these legal services and more at Handin Law in Coral Springs. Call today at 954-796-9600 to speak with our staff today.