Probate

WHEN MIGHT I NEED PROBATE SERVICES?

• A Loved One Passed Away Naming You the Personal Representative:  What are your responsibilities? What should be your first steps?
  
• A Loved One Passed Away without a Last Will and Testament:  This is referred to as dying intestate and assets will be distributed in a probate proceeding according to the laws established for such situations. Who will be the personal representative? Who will receive the assets?
• Named a Beneficiary in a Loved One’s Last Will and Testament: How long will it take to gain access to the assets? What are your rights regarding the distribution of assets?
• Florida Resident Passed Away with an Out-Of-State Will:  Are your loved one’s assets subject to Florida Probate? Are the estate planning documents valid in Florida?
• A Loved One Passed Away Owning Assets in His/Her Name:  How do the beneficiaries transfer the assets to their names?
• Mistreated Beneficiaries:  What are your rights and options as a beneficiary not receiving my fair share?
• Complaints about the Personal Representative: Do you have any recourse against a personal representative who is not fulfilling his/her duties?
• Probate of Small Estate:  Are your loved one’s assets eligible for a summary probate procedure? What is a summary probate procedure? Can a summary probate procedure save time and money?
• Non-Florida Resident Passed Away Owning Florida Real Estate: Are these assets subject to Florida Probate? What do you need to do to transfer the real estate to you name?
• Surviving Spouse or Minor Children:  As a surviving spouse, are you entitled to a share of the estate?  Are your minor children entitled to a share of the estate? As a surviving spouse, do you need to update your estate plan after your spouse passed away?
• Incapacity:  Now that your loved one has become incapacitated, how do establish his/her right to allow you to make decisions his/her behalf? Once established, to what extent can you his/her decisions?

BASIC PROBATE SERVICES

Typical probate services include:

• Recording of the Will of a deceased person
• Filing for a summary or full probate proceeding of the estate of a deceased person
• Guiding the personal representative or acting in the capacity of a personal representative overseeing the probate process and distribution of assets
• Updating deeds for real estate

ADDITIONAL PROBATE SERVICES

Certain situations require additional probate services:

• Homestead of a deceased person
• Recovering assets discovered after an estate has been settled
• Guardianship and assets of minors of deceased parents
• Assets across state lines
• Estate planning documents from another state
• Elective Share
• Contested Probates