Commonly
Asked Questions
Can I skip the probate process even if the decedent
doesn’t have a trust?
- No. Probate is always necessary
in Florida. Even if the decedent has a Will, the estate will still need to go through the
probate court in order to be distributed.
- If the estate is under $75,000,
there is a less formal, administrative probate process.However, if the estate is over $75,000, the estate must complete a more
formal, court-ordered probate.
Do I need an attorney to go through
probate?
- Yes. Florida Probate Rule 5.030
requires that a personal representative be represented by an attorney unless he or she is the
sole interested party of the estate.
Do I need to go through probate if the decedent had
a will?
- Yes. Probate is necessary
regardless of whether there is a Will or not.
How can a Will be
contested?
- A Will can be contested in many
ways. Objections to Wills can be based upon lack of mental capacity, forced or undue influence,
forgery, improper signatures, witnesses, or even the structure of the Will.
What will you do for me?
The
probate process requires a combination of legal and administrative work. There are countless facts
that must be verified, papers to file, and documents to sign. These
include:
- Filing the deceased person’s
will in court.
- Notifying heirs, creditors, and
the public that you are dead.
- Identifying and inventorying the
deceased person’s property.
- Having the property
appraised.
- Paying off all debts, including
estate taxes, if any.
- Having the will “proved” valid
in court.
- Distribute your
estate
- Any and all necessary court
filings and appearances in between
Will I have to go to court
myself?
- No, as your legal
representative, we will appear on your behalf.
For more information on successful Florida estate
planning and probate techniques, please contact the South Florida law firm of Wild Felice &
Partners, P.A. at 954-944-2855 to schedule your free consultation. It's a
Wild world. Are you protected?
|
