probate a will in florida
Do you need a Lawyer to Probate a Will in Florida?

Do you need a lawyer to probate a will in Florida? Find out the answer to this critical question here.

You’ve probably heard of the term probate before, and you know what it means: The legal process in which a court oversees the disposal of an estate after a person’s death to ensure that the person’s assets go smoothly to their heirs. Meaning, that if someone dies without heirs, all of their property needs to be redistributed. 

While this sounds like an easy process, in theory, it can be quite challenging in practice as many requirements need to be met. Learn what the basics are and what to expect when preparing for probate with your attorney.

Do you need a Lawyer to Probate a Will in Florida?

If you are in Florida and must probate a will, you will need the services of a lawyer. Probate is the process by which a will is settled in court. It can be a costly and time consuming process for your heirs, but there are steps you can take now to avoid probate later:

  1. Make sure your will is executed correctly. This means that all required documents have been taken into account and that the document complies with state law.  A lawyer can help you ensure that your will is prepared correctly and meets all of the legal requirements in Florida.
  1. Consider joint ownership with rights of survivorship for any property you wish to pass to an heir.  Check with your attorney first as this may leave your property open to creditors.
  1. Consider opening a beneficiary account which states who will inherit the account upon your death.

Probate a Will in Florida: A Step-by-Step Guide

If you are the executor of a will in Florida, you need to hire a lawyer to complete the probate process. You can find the Florida Probate Code in Chapters 731 through 735 of the Florida Statutes. The probate process can be complex, and if not done correctly, it can result in additional costs and delays. 

  1. To prepare for the probate process, you will need to gather all relevant information about the deceased person’s estate. This includes their financial records, any property they owned, and any debts. You will also need to contact all of the person’s heirs and inform them of their inheritance rights.
  2. Once you have gathered all of the information necessary for the probate process, you will need to create a probate inventory. This document will list all of the deceased person’s property and describe it in detail. You will also need to provide copies of any legal documents that affect the estate, such as a will or trust agreement. 
  3. Next, your attorney will need to file a petition for probate with the court. This document contains detailed information about the estate and lists who should receive what property after the deceased person’s death. Once the petition has been filed, the court will appoint a referee to review the estate and decide what should be distributed to the heirs. If there are any disputes about the distribution of property, the referee will bring those disputes to court for resolution. After all of the required documents have been filed with the court, the probate process will begin. First, the court will schedule a hearing to determine whether or not probate should be granted. 
  4. If probate is granted, you will need to liquidate the estate and distribute all assets to the heirs. The probate process can take several months to complete, and it may be costly. Your lawyer can help complete the probate process in Florida.

How Long Does Probate Take in Florida?

Probate can take anywhere from a few months to several years in Florida. The length of time it takes will depend on the complexity of the estate and how many court hearings are required.

Schedule a Probate Administration Consultation

Probate can be difficult and expensive, so it’s crucial to have the help of a lawyer. In that case, contact our Florida Probate Attorneys at Casal & Moreno in developing the most satisfactory plan possible. You may reach us at 305-476-5080.