Understanding The Probate Process In Florida

What is Probate?

Essentially, Probate is a court-supervised process required when an individual passes away leaving assets in their own name. The purpose of this is to identify the assets of a deceased individual’s estate and distribute them to all the beneficiaries named in the will – assuming there is a valid will – in accordance with the decedent’s wishes.

Do I need a Probate Attorney?

The short answer: Yes.

When a person passes away in Florida and there are assets in their name, Florida Probate is necessary, and working with a qualified Florida Probate Attorney is crucial.

At Jurado & Farshchian, P.L., our attorneys are experienced in all areas relating to this and can assist you in these matters, regardless of how unique or complicated your case may be. If you need help Jurado & Farshchian is the place to find it.

How much does Probate cost and how long will it take?

The duration and cost in Florida can vary substantially depending on a number of factors, including the complexity and value of the decedent’s estate, whether the decedent left a valid will, and the location of real property owned by the estate.

Additionally, will contest or disputes with alleged creditors over debts owed by the decedent’s estate can sometimes be costly and time-consuming.

Typically, the expenses of an estate going through this include attorney fees, court fees, executor fees, accounting fees, and appraisal costs, among others. These expenses usually add up to 2% to 7% of the total value of the estate.

Assuming there is no litigation involved and everything goes smoothly, most estates are typically settled through Florida Probate in 9 to 18 months.

Can Probate be avoided?

Florida Probate is a timely and costly court process, which is why the first question most people ask is how to avoid it. The answer to that question is simple: proper estate planning.

Most of the times, it is difficult for people to go through this while mourning the loss a loved one. Luckily, there is a way to avoid the Florida Probate: a Florida Revocable Trust.

Whether you need to create a Florida Revocable Trust or find yourself handling this case and need help with it, Jurado & Farshchian, P.L. will be there to help you succeed. Additionally, if avoiding Probate through estate planning is what you are after, then we can help you. We are one phone call away. Get in touch.

How does the Florida Probate process work?

• First, you will need to hire a Florida Probate Attorney.
• Your attorney will collect the will or trust (if any) as well as all the information needed to create the documents that are required to open a Probate case in Florida.
• If the decedent passed away less than 2 years ago, a Notice to Creditors for all unknown creditors will be filed and published in a local newspaper, and all known creditors will be notified directly.
• A Petition for Administration will be filed with the court detailing the facts of the case to a Probate Judge. This filing must include the decedent’s name, address, date of death, as well as the names and addresses of all the beneficiaries.
• Depending on the case, a few or many other documents will be required.
• The decedent’s assets will then be transferred to the beneficiaries or sold upon obtaining the Judge’s approval.

Probate can be complicated – Work with Jurado & Farshchian

When it comes to Probate in Florida, cases can be extremely complicated and can give you a headache or two. When going through Florida Probate, experience matters. The Probate Attorneys at Jurado & Farshchian, P.L. are skilled when it comes to this and have worked with many clients over the years.

Although every Probate case is different and comes with unique challenges, the levels of experience and skill our lawyers have reached allow us to be confident and assure you we can handle your case and help you go through Probate and come out of it without a single scratch.

To learn more about our Probate services or schedule an initial consultation with one of our experts, call us today at (305) 921-0440 or send us an email to Romy@jflawfirm.com.