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What Is Probate?

What Is Probate?

The death of a loved one can present many unique challenges. One of those challenges can be what to do with that person’s Last Will and Testament and how to transfer the assets of the deceased once they are gone.

While many people have heard of “probate,” too many are confused by what that term means and whether it is necessary for their particular situation. Probate is a court process where a deceased person’s assets are transferred to their beneficiaries. Assets can be in the form of land, property, investments, bank accounts, personal property, ect. Beneficiaries are the individuals who are set to receive a deceased person’s assets. A person’s beneficiaries can be dictated by their Last Will and Testament or by Florida statute, depending on whether they died with a valid will.

The court processes are slightly different based on whether a person dies with or without a will. There are several different probate processes, including disposition without administration, summary administration, and formal administration. Which process is required will depend on the nature and value of the assets that need to go through the probate process.

In Florida, except under limited circumstances, a person must hire an attorney to guide them through the probate process. A probate attorney can help you identify which assets require probate and which process is the best to utilize. When presented with probate, hire an attorney who specializes in this area of law. An attorney with general knowledge of the area can lead to a longer and more difficult probate process than necessary.

Contact our office today to speak to a probate attorney about your case. We are available 24/7 and can be reached at (239) 970-6844 or via our online contact form.

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