Understanding the Process and Protecting Your Loved One’s Legacy
When a loved one passes away in Florida and/or is a deceased Florida resident, their estate often must go through the probate process. Probate is a court-supervised legal procedure that ensures the deceased person’s assets are properly identified, their debts are settled, and any remaining assets are distributed to the rightful heirs or beneficiaries.
It is understood that dealing with legal and financial matters after a loss can feel overwhelming, especially when grieving. Hiring an experienced Florida probate lawyer can ease that burden and help avoid unnecessary delays, disputes, and costly mistakes.
What Is Probate in Florida?
Probate is required in most cases when someone passes away owning assets in their name alone. The process begins by validating the Last Will & Testament (if there is one) and then administering the estate according to that Will or, if no Will exists, according to Florida’s intestate succession laws.
Depending on the complexity of the estate and whether disputes arise, probate can take anywhere from six months to several years. If there is no Trust, Lady Bird Deed, and/or Beneficiary Designations (all three explained in other articles), common estate assets that may require probate include:
- Real estate,
- Bank accounts,
- Businesses,
- Investment accounts,
- Vehicles,
- Jewelry and other valuables,
- Personal property.
What Does a Probate Lawyer Do?
A probate attorney represents the estate and assists the appointed Personal Representative (also known as the Executor) with navigating the legal process. They ensure all statutory requirements are met and help protect the estate from errors, delays, and potential legal challenges.
A Florida probate lawyer can assist with:
- Filing the Will with the court and validating its authenticity,
- Identifying, gathering, and appraising assets,
- Notifying beneficiaries, heirs, and creditors,
- Paying final bills, debts, and taxes,
- Handling disputes or contested Wills,
- Distributing assets and retitling property,
- Closing the estate once administration is complete.
What If There Is No Will?
If the deceased did not leave a valid Will, the estate is considered intestate and must still go through probate. In this case, Florida law will determine who receives the estate’s assets, typically starting with the surviving spouse and/or closest blood relatives. A probate attorney can guide the family through this process and ensure that the correct parties receive to what they are legally entitled.
Why You Should Consider Hiring a Probate Lawyer
Probate in Florida is a detailed process involving court filings, legal deadlines, and financial responsibilities. Without legal assistance, mistakes can easily occur, leading to delays, increased costs, or even legal disputes. A probate attorney can:
- Help the Personal Representative fulfill their fiduciary duties,
- Prevent errors that could result in personal liability,
- Facilitate communication with beneficiaries and creditors,
- Provide peace of mind during a difficult time.
Additionally, if a Will is contested or a dispute arises among heirs or beneficiaries, having a seasoned probate litigator can make all the difference in protecting your rights and resolving the matter efficiently.
Let An Experienced Attorney Help You Through the Probate Process
At CASERTA & SPIRITI, our experienced probate attorneys are committed to helping families throughout Florida manage the probate process with care, efficiency, and compassion. Whether your loved one left a Will or died intestate, we are here to guide you throughout the process.
The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.
If you have questions about probate, any estate-related matter, or any other legal concern, please contact our Miami Lakes office today. We are here to assist you during life’s most challenging moments.