Probate is the court administered process of distinguishing assets, paying off debts and appropriating the remaining assets of a deceased person. Probate is necessary to pass ownership of the decedent’s possessions and belongings to the decedents beneficiaries and to wrap up the decedent’s financial affairs. Provided that the decedent left a legitimately executed will, the court will accept the will and follow it when dispersing assets. If there is no will the court will pass ownership dependent upon Florida inheritance law.

The first step relatives should take after a relative dies is to attempt to find a present copy of their will. It normally takes between six months and a year to complete the probate process. An educated and skilled probate lawyer can help you by filing necessary documents with the court, representing the personal representative in court, organizing the settlement of debts and facilitating the distribution of the estate in accordance to the will.

Probate Litigation

In spite of the fact that Florida Probate Law is clear, there may be disputes in the process. The will itself may be debated. Questions may come up as to the sound mind of the testator at the time the will was created, or if deceit or coercion was utilized to impact the testator. While the will may be valid, inquiries could emerge as to assets that were not incorporated in the estate. On the other hand inquiries in regards to the personal representative of the estate may emerge including inquiries concerning his or her capabilities, if he or she is properly administering the assets in accordance with the will, or if he or she has violated their duty.

If you or a loved one is in need of a probate attorney or you want additional information, please contact Winston Law, P.A. at (561) 670-9375 or for your free consultation.