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Florida Probate Laws Explained

General

Вторник, 21 мая 2019

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Whether you are a named beneficiary of a person recently deceased, or believe you are entitled to property of that deceased person, it is imperative to understand that all estates typically go through probate in Florida. There is usually no getting around probate because this is where it is determined if there is, in fact, a valid will and if the beneficiaries are actually entitled to the assets of the estate. Sometimes if a will is contested, it can take years to sort through all the details and why most beneficiaries of a sizable estate hire a Florida probate lawyer. But first, let's look briefly at Florida probate law.

A Brief Definition and the Probate Process

As stated above, probate is a process supervised by the court system whereby it is determined if there is a will and if that will is valid. The courts will look at evidence as to whether or not the decedent was of sound mind and not under duress when making the will. Typically a will of any magnitude is carefully drafted by an attorney. The recently deceased person is referred to as the decedent and anyone receiving all or a portion of the assets are beneficiaries. If there is no will, assets (property) are distributed according to Florida law.

Court Appointed Personal Representative

Probate can be a confusing process in some cases. Typically, the personal representative (called an administrator or executrix in other states) is named in the will and is a close family member like a spouse, sibling or child. If none is named, the court will appoint a Florida resident over the age of 18 who is legally able to act in a fiduciary manner in the distribution of property. This will often be an attorney at law who will make sure all taxes and fees are paid prior to distribution of property. To better understand the duties of a personal representative, it is suggested that you refer to the Florida Bar for detailed information.

Why You Would Need a Probate Lawyer

The most common reason for hiring a probate lawyer is when there is no will or the will is contested. Either party can, and should, hire a probate attorney. The attorney establishes your rights as a beneficiary or conversely, establishes reasons why an opposing party is not entitled to that property. Here it is suggested that you hire a knowledgeable and experienced Florida probate lawyer because this is a specialization in the oftentimes vagaries of the law. In other words, if you feel you are entitled to receive property from the decedent, it pays to hire an attorney who can get you the proceeds of your entitlement.

A Simple Summary

The easiest way to look at why you should hire a probate lawyer is in terms of specialization. You wouldn't hire an orthopedist to do brain surgery, would you? The same holds true with the law. While legally any attorney can serve as a probate lawyer, it better suits your purposes to hire an attorney specializing in probate law. Just be aware that it can be a long and drawn out process but a good lawyer can speed things up significantly. In short, if you want to receive your proceeds in the timeliest manner, you need a lawyer.