Florida Probate Attorney & Lawyer
Orlando Probate Lawyer
Orlando Probate Lawyer
Most people have questions when they come up against the death of a family member and the execution of their Will in Orlando. One of the most often asked questions is - "Do I need a lawyer?" The answer to this question is yes, in most cases. The exception to this is in cases of very small estates which qualify for what is called "disposition without administration." Another exception is when the executor of the Will is also the sole beneficiary in the Will.
In general though, Florida law requires that a probate lawyer be involved in the distribution of assets from estates in Orlando. Even in those situations when the law does not require the assistance of a probate lawyer, the actual administration of an estate is so complex a non-lawyer will become frustrated quickly.
Another typically asked question about probate in Orlando and Florida in general is "Does the probate lawyer need to live in Florida?" The answer is "not usually" because generally probate cases are uncontested and the probate lawyer and a personal representative do not even have to appear in court. All you need to consider when choosing a probate lawyer is whether they have a license to practice in Florida. If the distribution of the estate requires a court appearance, many times the probate lawyer can access a local lawyer to attend the court appearance.
People, who have never been through probate in Orlando Florida, often wonder how long it will take for the estate to get through probate. This is a good question and for most cases, that do not go into dispute or are contested, you can expect the formal administration of most nontaxable probate proceedings to last anywhere between six to ten months and it can take anywhere from four to five weeks for a summary administration.
If the estate is taxable, it can typically take up to two years for closure. This is because the IRS has to sign off on the Estate Tax Return 706. It is important to remember, if you are dealing with a taxable estate, that the 706 has to be filed within nine months of the date of death. This form can take up to nine months to prepare so starting the process as soon as possible after death is a good idea. The delay is waiting for the IRS to complete their work.
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2008-04-07 12:21:18
Probate is the legal process of settling a deceased person's estate, which includes paying creditors or debts, and distributing the assets of the deceased to the correct beneficiaries. It is a complic ... [read more]
2008-04-22 15:25:49
is a term used to describe an attorney whose main area of practice includes estate planning (preparation of wills, trusts, powers of attorney for example) guardianship and probate of estates. Usually ... [read more]
2008-04-22 15:25:12
a personal representative may employ counsel to protect the estate, and to enable him/her to properly manage the estate. The personal representative can choose their own attorney, and is not requi ... [read more]
2008-04-22 15:23:45
the property of a decedent that is the subject to being probated or administered. Each state in our country has their own individual laws relating to decedent’s estates and they are very different. ... [read more]
2008-04-22 15:23:15
There are two types of Homestead in Florida. One is a tax exemption, which has nothing to do with probate. The other is a process that can be completed during probate, in which a Petition and Order ... [read more]
2008-04-22 15:22:22
this is the proceeding that one must go through to administer the estate (assets) of a decedent domiciled in the State of Florida or owning property in the state of Florida. Basically, administering ... [read more]
2008-04-22 15:20:37
The property of a decedent that is the subject to being probated or administered. Each state in our country has their own individual laws relating to decedent’s estates and they are very different. ... [read more]
2008-04-22 15:18:02
an attorney can agree to a flat rate fee in the state of Florida, for legal services. The Florida Probate Code provides in Section 733.6171, what compensation for attorneys would be considered rea ... [read more]
2008-04-22 15:16:37
the property of a decedent that is the subject to being probated or administered. Each state in our country has their own individual laws relating to decedent’s estates and they are very different ... [read more]
2008-04-22 15:05:35
Each county in the state of Florida has a Circuit Court which has jurisdiction over all probate matters. In that Circuit Court resides a probate division, that specializes in the administration of ... [read more]
2008-04-22 15:04:22
this is the proceeding that one must go through to administer the estate (assets) of a decedent domiciled in the State of Florida or owning property in the state of Florida. Basically, administeri ... [read more]
2008-04-22 15:01:13
Any pleading, petition, motion, order, etc., that is used in probate proceedings; which should be approved by the probate court and the Probate and Trust Law section of the Florida Bar, who is in char ... [read more]