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FAQs / Probate Process / How can an attorney assist me in the probate process?

How can an attorney assist me in the probate process?

Following the death of a loved one, family members are often confused and overwhelmed with the probate process. When it comes to transferring the decedent’s property, the family must make an informed decision as to what type of probate administrations are available, which will vary depending on the state. In Florida, there are two primary types of probate, including

1.) Formal Probate Administration
2.) Summary Administration
A summary administration is only available for estates valued under $75,000, but important to rememebr that simply because an estate may be small enough to qualify for a summary administration, doesn’t mean it is the most efficient option.

Often a formal administration, involving the appointment of a personal representative with signing authority, can assist in expediting the overall administration. As such, hiring an attorney to assist in the process is a crucial step in the probate process so that all factors can be considered before initiating the process. In Florida, families are legally required to hire an attorney to assist with a formal probate proceeding. The attorney will be identified as the attorney of record for the estate.

In the beginning stages, an attorney will assist you in the probate process by initially filing the will and pleadings for the appointment as personal representative. After this initial filing, the attorney will be responsible for filing any future pleadings that may be necessary during the probate process including the inventory and final accounting. The attorney on record will be responsible for mailing notice to all interested parties throughout the process.

Probate Process FAQs

  • Where is probate handled?
  • Do I need the original will?
  • Do I need to file tax returns for the estate?
  • Do I need to give notice to secured creditors?
  • How are estate creditors handled?
  • How does the probate process work?
  • How is the Internal Revenue Service (IRS) involved in the probate process?
  • Is there a small estate exception to probate?
  • My spouse died and left a will leaving his assets to me and my children. Do we have to probate the will?
  • The decedent owed me money. How do I file a claim against the estate?
  • Are probate records available on the internet?
  • How should I deal with the time and cost of probate?
  • Do life insurance or retirement benefits need to go through probate?
  • What is a formal probate?
  • What is ancillary probate?
  • What rights do surviving family members have in probate?
  • What should I do to prepare for seeing a probate attorney?
  • How can I plan to avoid or minimize probate?
  • How long will probate take?
  • How can an attorney assist me in the probate process?
  • Why Is It Important to Know the Names and Addresses of the Family Members and Relatives of the Deceased?
  • What is probate?
  • What are Letters of Administration in Probate?

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