How A Probate Administration Lawyer Can Help You

When a loved one passes away, it’s completely natural to feel lost when it comes to the legal side of things and handling the complexities of probate.

Probate administration is a legal process of validating a will and distributing the decedent’s assets in accordance with their wishes. Although simple on the surface, depending on the size of the estate and the intricacies of your specific circumstances, probate can quickly become a chore.

It may take months or years and there are plenty of deadlines and procedures that need to be completed to close an estate promptly. This is why you will likely require the assistance of a probate administration lawyer.

What is a Probate Administration Lawyer?

Probate attorneys are legal professionals focusing primarily on estate planning and probate. They possess a deep familiarity with the steps of the probate and can assist the personal representative of the estate with their duties. They also see to it that all the assets are fairly distributed to the right beneficiaries.

When a person passes away, all their belongings are referred to as the estate. It may include assets such as real estate, personal property, vehicles, valuables like jewelry, bank accounts, life insurance, etc.

Any assets previously owned by the decedent must go through probate. The only exceptions are assets that have a named beneficiary such as insurance policies or real estate with rights of survivorship.

What Does Probate Look Like When There is a Will?

A will is a legal document that outlines who receives various pieces of property when someone dies. It typically names a personal representative who is tasked with distributing the assets.

Upon death, a family member, an attorney, or a personal representative will admit the will into probate, where the judge will confirm whether the document is valid or not. In Florida, wills don’t have to be notarized but can generally be validated a lot faster if they are.

After admitting the will, the administration process can begin. This is by far the most time-consuming part of probate as it requires inventorying the decedent's assets, notifying creditors, managing creditor claims, and most importantly, handling beneficiary disputes that often arise with large estates.

A probate administration lawyer can guide you through all these actions and take over the brunt of the work, thus ensuring everything runs smoothly.

Once all taxes are paid and creditor claims are settled, the judge will sign the order to transfer the assets to beneficiaries, thereby closing the estate.

What If There is No Will?

When someone passes without leaving a will, they are considered to have died intestate. Since there is no clear direction from the decedent, Florida intestacy laws will govern the distribution of the estate.

According to intestate succession rules, the surviving spouse and closest relatives will receive the majority of the estate.

Despite the fact there is no will, assets must still go through probate so that they can formally be transferred to the legal heirs.

Why Hire a Probate Administration Lawyer?

As we said previously, probate can be an intricate and time-consuming endeavor. To make matters worse, it takes place during what is arguably the most emotionally challenging time in your life.

Since you should fully focus on grieving your loved one, hiring a skilled probate administration lawyer can alleviate most of the pressure and steer the legal proceedings in the right direction. Florida laws are complicated and making any mistakes during the probate process could slow everything down, possibly leading to infighting among the beneficiaries.

Due to their experience with the legal side of things, an attorney can make certain none of this happens.

In addition, they can assist the personal representative complete the following tasks:

• Paying off the decedent’s taxes
• Inventorying and accounting estate assets
• Managing the estate’s checking account
• Notifying creditors
• Conducting appraisals
• Retitling all assets to the beneficiaries

While wills often remain uncontested, any disputes among the beneficiaries may lead to litigation. Fortunately, a probate administration lawyer can mediate these disagreements too.

They’ll consider the viewpoints of both parties and present a solution that respects the terms of the will but also makes other parties happy. If the dispute can’t be resolved amicably, probate litigation may be the only option.

Similarly, the will itself may be contested, in which case, having legal counsel on your side is recommended.

For example, a will may be contested due to a technical deficiency such as the lack of witnesses or other specifications. Some of the beneficiaries may also claim that the will is invalid because the decedent could not create the will.

It’s also common for a party unhappy with the terms of the will to claim it was created under undue influence. In other words, they may claim that a person who had a confidential relationship with the decedent influenced the terms of the will and skewered the distribution process in their favor.

How To Choose a Probate Administration Lawyer

There are plenty of attorneys out there, but not everyone will be the right person for the job.

Before retaining a legal professional, you should do your research. Read online reviews, check their website, and ultimately, schedule a free consultation if they offer one.

Ask the attorney how long they’ve been practicing law and whether they focus on probate matters. Since the probate is complex, you need someone familiar with the process, applicable laws, and the workflows specific to your local probate court.

If your family situation is specific, ask the attorney if they have ever handled similar cases in the past.

Lastly, inquire about the fee structure. They may offer a flat fee or an hourly fee, and may even charge you for a percentage of the estate. Make sure you’re comfortable with all the commissions before retaining the service.

Get Some Well-needed Peace of Mind

Probate can be a painless process if you have a probate administration lawyer on your side. Going through everything alone (especially if you’re the personal representative state) can not only be stressful but also emotionally draining.

To get some well-needed peace of mind during this challenging time in your life, reach out to experts at Doane & Doane.

As one of the most experienced Florida probate attorneys, we have the knowledge necessary to simplify the probate proceedings, mediate any disputes, and ensure you receive the assets you’re entitled to as fast as possible.

Schedule a consultation - call 561-656-0200 or fill out our contact form.

Note:

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.