Probate & Wills

ص Probate is a court-supervised process for identifying and gathering a dead person’s assets, paying taxes, claims, expenses and distributing their assets.

ص Assets in the decedent’s sole name at death or owned solely by the decedent and which contain no provision for automatic succession of ownership at death are considered probate assets.

ص Probate is necessary to transfer assets to the proper beneficiary. This can be done even if you do not have a Last Will & Testament (“Will”).

ص A Will is a document that should designate a personal representative and identify the names of beneficiaries who are to receive the decedent’s assets.

ص A Will must be signed by the decedent and at least two witnesses. It is a good idea to also have it notarized.

ص Upon death or incapacity, the Will should be filed with the Probate court for proper administration.

ص A person can change or revoke his Will at any time, unless prohibited by law.

ص Life insurance and trusts are not substitutes for a Will. A trust may be used in addition to a Will.

ص Probate papers are filed with the Clerk of the Circuit for the County in which the decedent owned real estate or the County of his residence.

ص Probate proceedings are presided over by a Circuit Court Judge. The Judge appoints a personal representative to be in charge of the Estate’s administration.

ص The personal representative must be represented by an attorney, licensed to practice law in Florida.

If you would like to schedule a consultation with our law offices please be aware that our standard fee is $200.00 for either an in-office consultation or a phone consultation.

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The information you obtain at this site is not, nor intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established by the signing of a Retainer Agreement by you and the attorney.

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