Probate Law

GUIDING YOU THROUGH FLORIDA PROBATE MATTERS

Guiding Clients Through All Areas of Probate in Broward County

Our Fort Lauderdale probate lawyer handles a wide range of matters for South Florida residents. We know that losing a loved one is never easy, especially when you are forced to endure the probate process while still grieving. Our team of compassionate legal professionals is here to assist with the various probate matters that need to be handled following the death of a loved one, including paying debts, guardianship, and trust administration. We provide comprehensive legal services that allow us to guide our clients through each phase of the probate process and ensure their best interests are protected.

UNDERSTANDING PROBATE:
A COMPREHENSIVE OVERVIEW

Probate administration is a judicial process for:

  • Identifying the assets of someone who has died
  • Paying the debts of the deceased with their assets
  • Distributing the remaining assets to beneficiaries of the deceased

In some cases, the Florida laws of intestacy shape the probate process. However, if someone has made a will, it must be entered into probate. Family members and other parties will have an opportunity to contest the will or enter into other types of probate litigation.

HOW LONG DO YOU HAVE TO FILE PROBATE AFTER DEATH IN FLORIDA?

Whoever is in possession of the will needs to file it within 10 days of learning about the death. Some assets do not require probate court administration, such as property held in joint tenancy or assets that have a designated beneficiary, including life insurance proceeds or assets held in a living trust. However, when court-supervised probate is necessary, the court determines whether the will is valid.

Are you in need of probate services in Florida? Call STOKLAW today at (954) 237-1777 or contact us online meet with our Broward County probate lawyer!

OUR FULL-SERVICE LAW FIRM IS READY TO ASSIST YOU

Reach out to our dedicated team of attorneys for legal solutions tailored to your unique goals.

WHAT ARE THE DIFFERENT TYPES OF PROBATE ADMINISTRATION IN FLORIDA?

There are three primary types of probate administration:

  • Formal Administration: This is necessary if the value of the estate is more than $75,000. An interested party or executor can ask the court in the county where the decedent was living at the time of their death to be appointed as a personal representative. Beneficiaries and heirs must be given notice so that they can object or file a will contest. The will must be filed with the court and proven valid by the witnesses to the will, unless the will is self-proving.
  • Summary Administration: If the value of the estate is $75,000 or less, or the death occurred more than two years ago, summary administration might be appropriate. Whoever was named as the executor in the will, or whoever inherits the property, can file a Petition for Summary Administration. The petition will state that the estate qualifies for summary administration, list assets and their value, and name who will inherit which assets. The court will issue an order to release the property to whoever inherited it instead of appointing a personal representative for the estate.
  • Disposition of Personal Property Without Administration: This only applies to a narrow set of circumstances in which no real estate is involved, and the only assets are exempt from creditors’ claims or are less than the amount of final expenses. With this process, whoever paid for the funeral and any medical expenses connected to the death can be reimbursed from the assets.

CREATIVE LEGAL ANALYSIS FOR ALL OF YOUR PROBATE MATTERS

We know that property inheritance is often the subject of heated debates and concerns after a family member dies. That is why it is crucial to work with an experienced attorney who can answer all of your questions regarding probate administration, how to object to a will, or how to take action against the personal representative handling the estate.

STOKLAW can provide you with knowledgeable advice and representation. We proudly serve clients throughout Broward County and the surrounding areas, so please reach out today if you need assistance with probate.

Contact STOKLAW today to schedule a consultation with our probate attorney in Broward County! We proudly offer legal services in Spanish and Portuguese.

PLEASE CALL US TODAY AT (954) 237-1777
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