Probate Lawyers in Hillsborough County
Helping Clients Navigate Florida Probate Law
Probate can be a confusing process, and it is normal to have questions, whether you are trying to protect assets from probate through estate planning or you have just been named as a personal representative for someone’s estate. Osenton Law Group, P.A., is a Florida probate law firm offering comprehensive probate services. Call our office at (813) 322-5958 for a strategy session to discuss your needs.
What Is Probate?
Probate is the process a deceased person’s estate goes through to ensure it is accurately valued and settled before the assets are distributed to the heirs. The probate process generally lasts several months, but there is a simplified process for small estates that can be faster. Complex or high-value estates or cases that involve probate litigation may take years to settle.
What Is the Role of the Personal Representative for Florida Probate?
When someone dies, someone must handle the estate’s probate administration. In Florida, the official term for this person is personal representative, but you may also hear it called executor. If the will names someone as a personal representative, that person generally takes over. However, it is possible to refuse the duties. In this case, the court will appoint a personal representative if no secondary person is named in the will.
In addition to filing an inventory of the assets, including valuation, and notifying creditors, the personal representative is also responsible for distributing the remaining assets to the heirs and providing an accounting of the estate so that it can be settled and the probate case closed.
Is Probate Always Required in Florida?
Most estates will need to go through some type of probate, but this could be either formal administration or summary administration in Florida. It is also possible in rare circumstances for a situation to qualify for disposition without administration.
However, even if an estate is going through formal administration, that does not mean that every asset has to pass through probate. Property that is held in joint ownership generally passes directly to the other owner at death, and payable-on-death accounts go directly to the beneficiary once the death certificate has been provided to the financial institution. Assets that are held in trusts also generally do not go through probate. Probate matters can be complex, and an attorney can help you understand how Florida law applies to your specific case.
What Happens If Someone Dies Without a Will?
When someone dies without a will, the estate still has to go through probate, but the process gets a little more complicated. The probate court will appoint someone to serve as personal representative, and the usual method of inventorying, valuing, and settling the estate will begin. However, without a will, this can be more difficult, as the personal representative may not be aware of what assets the deceased had or even where to start looking.
Probate cases without a will often take longer to resolve, and the state’s intestacy laws for who inherits the assets can cause conflict between family members. If one of your family members died without a will, a Florida probate attorney can help you understand what happens next and whether you have any rights as an heir.
How Can You Protect Estate Assets From Probate With Estate Planning?
One of the best ways to protect assets from probate is through proper planning. Florida Estate planning involves so much more than a will. At Osenton Law Group, P.A., we can review your assets and current estate plan and provide suggestions on other tools and strategies that can ensure everything works the way you want it to when the time comes.
Learn more about the legal process of probate in Florida and estate litigation and how it could apply in your situation when you schedule a strategy session with one of our attorneys. Call (813) 322-5958 for more information.
