If you have recently lost a loved one, dealing with the administration of their estate is probably the last thing you want to devote your energy to. The estate administration process – formally referred to as probate – can be incredibly time-consuming and complex. Thankfully, hiring an exceptional and experienced probate attorney can greatly lessen your load during this difficult period.
In this article, we highlight the major green flags you should be looking out for when choosing a probate attorney, and also provide pointers on the red flags that you should take heed of. With an experienced, reliable, and compassionate attorney guiding you, you can rest assured that the probate process will be handled as quickly and efficiently as possible.
What Is Probate?
Florida law requires the estate of any person who died with assets in their own name (the decedent) to be administered through probate.
Probate is a court-supervised process that essentially involves identifying the decedent’s assets, liquidating them to settle any unpaid debts at the time of the decedent’s passing, and distributing the remainder to their heirs in accordance with their will. If they died without a will, their assets will be distributed in accordance with Florida intestate law. The person named in the decedent’s will as the personal representative of their estate is responsible for driving the probate process forward. In terms of Florida law, the personal representative is required to appoint a Florida probate attorney to represent them throughout the proceedings.
What Is The Role Of A Probate Attorney?
Probate is an administratively-intensive process with multiple formal procedures and stages. Your probate attorney will play a pivotal role at every step, from petitioning the court to validate your loved one’s will and commence probate, to notifying creditors and beneficiaries, assessing creditors’ claims, and identifying and protecting the estate assets. Once they have determined how the estate assets are to be distributed, they must formally present their distribution account to the court for approval. Once the court has granted this approval, your attorney will pay out creditors’ claims and distribute the remaining funds to beneficiaries, and thereafter formally close the estate.
At each stage of the process, multiple complications can arise. A creditor might contest the amount owing to them, or beneficiaries may disagree over whether to liquidate certain estate assets (such as the family home). The validity of the decedent’s will might also be challenged in court. Even if probate is not contested by creditors or beneficiaries, there are still many administrative hurdles and delays that could arise. In all these circumstances, you want to ensure that you have an experienced probate attorney representing you.
Choosing A Probate Attorney: Green and Red Flags
If you haven’t had to participate in probate proceedings before, you may find the prospect of hiring a probate lawyer quite daunting. There are many lawyers out there, and it can be difficult to know how to separate mediocre attorneys from truly great ones. Here are the most important ‘green flags’ you should be looking out for when hiring a probate attorney.
Specialist knowledge and depth of experience
There are many ‘jack of all trades’ lawyers who take on probate matters even though this is not their area of expertise (a red flag). Ideally, this is not the kind of lawyer you want to hire: you want to be sure that your attorney has (at least) several years’ specialist experience in probate matters and has a deep working knowledge of Florida probate law. If they have general experience in estate planning and other estate matters, this is an added benefit.
Your attorney should be able to point to a track record of successful probate proceedings that they have handled and have a wide range of experience in both simple and complex probate matters. If they are able to put you in touch with numerous former clients to provide a recommendation of their services and attest to their experience, this is a major green flag.
Prudent and measured
When an attorney confidently promises that they will be able to complete probate within a certain timeframe, this is usually a red flag. Any reputable probate attorney knows that probate is inherently uncertain, and there can be no guarantees as to how long the process will take. An attorney who provides an honest, measured estimate of how long probate is likely to take, and advises you of all the complications that could arise along the way, is far more likely to be an astute and trustworthy lawyer.
Transparent about fee structures
An exemplary probate attorney will be transparent upfront about how their fee structure works, and will be willing to provide you with a reasonable estimate of how much their services are likely to cost. When an attorney is unwilling to commit to any kind of fee structure upfront or is evasive when you ask about fees, this is usually a red flag.
Responsive and communicative
Another trait to pay attention to is how responsive the attorney is when you request a consultation or first reach out to them to find out about their services. You want to be sure that you are hiring an attorney who is organized, detail-oriented, and a good communicator – and noting how responsive they are is usually a good measure of all of these qualities. If an attorney is slow to respond to your inquiries or unwilling to answer your questions about probate, this is a red flag. If, on the other hand, they respond to inquiries quickly, follow up when necessary, and commit to providing you with regular updates on how probate is progressing, this is a positive sign.
Compassionate and patient
Last, but certainly not least, you want to hire an attorney who is compassionate and understanding. They should be sensitive to the fact that this is an emotionally challenging period for you, and treat you with kindness and patience as you navigate the administrative processes following your loved one’s passing. Probate is a long process, and they will be providing you with both emotional and legal support throughout. An attorney who is brusque, cold, or impatient is not the right fit for you.
A Leading Coral Springs Probate Attorney Who’s Here To Support Your Family
Although Florida law requires you to obtain legal representation during probate proceedings, you don’t want to hire just any lawyer: you want to ensure that you appoint an expert probate attorney with years of experience behind them and a reputation for providing exceptional client service.
At the Law Offices of Gary I. Handin, P.A., we have represented countless Florida families in probate proceedings. Our probate attorney has years of experience navigating the Florida probate system, and will ensure that your loved one’s estate is probated as quickly and smoothly as possible. For total peace of mind throughout probate process, contact us today at 877-815-4560, and we’ll take care of the rest.