Port St Lucie Probate - Probate in Florida
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. Speak to a Port St Lucie Probate Lawyer today!
