Orlando Probate - Probate in Florida
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. Speak to an Orlando Probate Lawyer today!
