Ocala Probate - Probate in Florida
Under certain circumstances, it is possible to avoid probate entirely under the Florida Probate Code. Specifically, any estate that meets the conditions for Disposition of Personal Property without Administration may be disposed of without the lengthy and expensive process of probate. If you're uncertain whether an estate meets those conditions in Marion County, an Ocala probate lawyer can help you determine the best course of action.
Although a Disposition without Administration does not require a probate lawyer, you may find that the legal guidance is useful in gathering and filling out the various forms that you will have to present to the Probate Court. Keep in mind that you will not be able to use this form of probate if the estate contains any real property or if the total amount is higher than the limit set by the existing statutes. If you're certain that the estate meets the standards for disposition, you'll be required to appear at the Probate Court clerk's office with the following documents:
- The decedent's original Last Will and Testament if one exists
- The decedent's Death Certificate
- Copy of the bill from the funeral home showing the name of the person paying the bill
- Signed and notarized consent to disposition without administration from all heirs
- Copies of documents relating to all properties that you want to dispose of through this process. Those may include bank statements, stock certificates, pass books for savings accounts, policy value information forms and any other related documents
Once you have all the required documents, a Probate clerk will assist you in filling out a Petition for the procedure and present it to the presiding probate judge. There is a filing fee due at the time the Petition is filed, as well as a charge for a certified copy of the Judge's order. While you don't need a probate lawyer for the process, you may find the advice of a probate lawyer helpful.
If Probate Is Required
If the will is subject to full probate, the personal representative must be represented by a probate lawyer who is licensed to practice in Florida. In part, this is to protect the personal representative, who will assume responsibility for administering the estate and ensure that the probate process is handled properly. Because probate is a complex and time consuming process, most personal representatives leave the details of administration to their lawyer.
If you require a probate lawyer, you can find a local Ocala probate lawyer through an online directory of lawyers, searching by specialty and location. You can also get recommendations from the local Bar Association or seek out recommendations from friends and business associates. In any case, be certain that you research carefully and choose a competent, experienced and knowledgeable probate lawyer to see the process through as quickly and painlessly as possible.
You may choose any probate attorney in the state of Florida who is of convenience to you; however, if there are issues in your probate being contested and that would require court appearances, then it would be wise to have a Ocala Probate lawyer because an Ocala probate would be more familiar with the local Judges and Court system, and that would prove very helpful.
Don't risk mishandling the estate you have been appointed to protect. You must be certain that all creditors and governmental agencies are properly paid so that the beneficiaries receive their assets free of problems in the future. Speak to an Ocala Probate Lawyer today!
