Florida Probate Attorney & Lawyer
Port St. Lucie Probate Lawyer
Port St. Lucie Probate Lawyer
While the aim of probate is always the same, there are several different types of probate proceedings under Florida law. Probate law is laid out under the Florida Probate Code, and has some unique requirements in Florida. For instance, Florida is one of the few states that requires legal representation for personal representatives of wills. If you are concerned about probate in or around Port St. Lucie, a Port St. Lucie probate lawyer can discuss your options and needs with you. In the meantime, there are some general guidelines that can help you work out your discussion points for meeting with a Port St. Lucie probate lawyer.
Formal Administration of Probate
Formal administration generally takes from six to twelve months, though tax concerns may make the procedure even longer. Most estates admitted to probate will have to undergo a formal administration. The procedure begins when the Last Will and Testament is admitted to probate. A judge will make a formal appointment of personal representative. There are notifications to be made, and the creditors of the deceased will be given a chance to make claims against the estate. The personal representative must have the assistance of a licensed Florida attorney.
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 Port St. Lucie Probate lawyer because an Port St. Lucie probate attorney would be more familiar with the local Judges and Court system, and that would prove very helpful.
Summary Administration
Summary administration is a shortened probate proceeding that is allowed when one of the following conditions is met:
The deceased has been dead for two or more years
Or
The estate totals less than $75,000 and the person who petitions for summary administration swears that there no creditors, or that provisions have been made to satisfy all creditors.
If the estate meets these criteria, a judge will issue an Order of Summary Administration that orders all assets to be distributed to the beneficiaries.
If you have questions concerning probate, or are considering your will and estate planning, a Florida probate lawyer can offer valuable advice. Don't risk mishandling the estate that you have been appointed to protect. You must be certain that all creditors and governmental agencies are properly paid to avoid future liability or financial problems in the future. Only a Florida probate attorney can assist you in this matter.
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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]