In Florida, once an individual owns assets during the time of his or her death, the process of transferring these assets to the person’s beneficiaries is known as probate. The process of probate can be very overwhelming and confusing especially since the family members and beneficiaries of the deceased are grieving. Because of this, hiring an expert and experienced probate attorney can be a very good move. In order to start a probate case, it is important to prepare a file a Petition for Administration with the Florida Probate Court, which is situated in the country where the individual resides during the time of death. The filing will start the formal administration process.
The Florida probate cases can be handled in two different ways. If the assets of the decedent are worth more than $75,000, it is essential to proceed to the formal probate administration process. Nonetheless, if the assets are valued less than $75,000, then it is possible to use a summary administration in order to make the process less complicated. The process of the formal administration probate will also include a personal representative and Letters of administration. However, in the state of Florida, formal administration is considered to be the most common method of probate.
However, a legal process of going through the probate court is always necessary regardless of the probate method that is used. This is why hiring a probate lawyer or attorney is considered necessary. The process will include a lot of legal issues that any lay man would find confusing and perplexing to understand. The attorney will be present to help guide the client throughout the process and handle all the important and necessary requirements.
In other cases, once the time of death of a person has already been two years or more ago regardless of the value of the assets, a summary administration is highly possible. However, there are also times when the estate is required to go through formal administration even is the worth of the assets are under $75,000.Once an estate is involved in a legal matter, a formal administration process or method is necessary. This is also applicable once the decedent owes any money to creditors. These are the important matters that should be discussed with the Florida probate lawyer.
Each and every probate case is considered unique. This is why it is difficult to know when a case will be tied up to the probate. However, the amount of time that a probate administrator will take will also depend on how diligent he or she is in making the process move. There are times when it is already necessary to sell the real estate in order for the probate to be settled. Aside from this, a contested will or any disputed claims can also prolong the entire probate process. Nonetheless, an average case can take approximately 5 to 6 months to finish.
There are a lot of things that should be taken into account once an estate goes to probate. It is good to know that an expert and experienced probate attorney in Florida can be present to help make the process simpler. In other words, the probate process is something that should be left in the hands of a good and reputable attorney.