Ways a Florida probate attorney will help you.
What are the Categories of Probate in Florida? The procedure which authorizes the disbursement of the estate of a deceased person is called probate. There is a simplified type of probate, which can be used if the decedent's assets (the probate estate) were all listed in the person's own name or totaled under $75,000, or if they have been deceased for over two years. This is called summary administration. You might think that since summary administration seems simpler than some other probate options, bringing in a probate attorney isn't called for. In some instances, the probate judge will determine that there is no need for the process to include a 'personal representative' (commonly referred to as the executor in other states). Unfortunately, some apparently simple probate cases can eventually become rather complex when initially unknown facts emerge regarding assets, debts, or other estate components. So Florida law requires that summary administration probate cases receive the services of a probate attorney. Formal administration is the term used to describe the other typical form of probate. This is used when the decedent has been dead for less than two years or the value of the probate estate exceeds $75,000 or includes real estate.This form is applicable if the person died less than two years ago and the probate estate includes real estate and/or is worth more than $75,000. Formal administration does require the appointment of a personal representative approved by the probate judge. Another more simple type of probate is available in FL for estates that only include enough assets to provide for payment of medical expenses for the final 60 days of life and funeral costs, and/or 'exempt property' such as furniture and cars. Funeral expenses would be limited to $6,000. This type of probate does not require the involvement of an attorney, and it's called disposition of personal property without administration. Why would I need a probate attorney? FL probate, as you can see, can be quite the complex undertaking. There is a document created by an organization named the NCCUSL called the Uniform Probate Code (UPC), which has been adopted by a number of states, including Florida. But each adopting state has the option to make any alterations that they wish to the UPC. Consequently, conforming to FL probate procedures as they are written in the Florida UPC is mandatory. As stated earlier, even the most simple probate estates can give rise to previously unknown issues, which will be unfamiliar and very likely confusing to a layperson who has not previously dealt with the probate process. Florida probate attorney The Work of a Florida Probate Lawyer The Florida probate attorney is charged with the task of counseling and advising the personal representative. It's quite normal for the probate attorney to be able to handle the procedure completely via the US Mail. The exception would be if the probate is being contested or disputed, in which case court appearances will most likely be necessary. The personal representative will most likely require the assistance of the probate attorney in regards to filing all the necessary forms, computing the tax liabilities of the estate, finding and paying off any creditors, and properly dividing up the final assets among the beneficiaries. Ft. Lauderdale Estate Planning Attorneys