In Florida, probate is the legal process used to distribute an individual’s property after they have passed on. Their assets will be inventoried, and debts that are properly documented will be satisfied. Then, the remaining property will be delivered to the heirs.

• Resolve Issues Regarding Probate. While most probates in Brandon, Florida are uncontested, there are a few cases where the parties involved do not agree with the proposed administration. If you’re in this situation, our probate lawyers will offer legal assistance.

• Avoid Probate. Probate can be avoided, so families don’t have to spend time and money needlessly. Our probate attorneys in Brandon, Florida, will help you avoid the costs and stress of probate, death taxes, and estate taxes. Contact us today.

 

Common Forms of Probate in Florida

Summary Administration

An abbreviated form of probate, with no Personal Representative, and is only available for Estates valued at $75,000.00 or less, excluding the value of an exempt homestead.  The process results in an Order of Summary Administration authorizing the distribution of the person’s assets to their proper heirs, subject to payment of any proper Claims against the Estate.  The Order is usually entered several weeks after the date of filing, but before the file may be closed Notice of the proceeding must be published and a ninety (90) day delay allowed for exclusion of any creditor’s Claims that result.

Formal Administration

Our probate lawyers will assist you in Formal Administration, the standard form of probate in Brandon and the rest of Florida, required for Estates valued at more than $75,000.00 or any which require unusual activities in the course of the Estate’s administration.  A few weeks after filing the Court appoints a Personal Representative and issues Letters of Administration.  The assets of the Estate are documented in an Inventory, Notice of the proceeding is published and a ninety (90) day delay is allowed for exclusion of any creditor’s Claims that result.  Once the creditors’ Claims period has expired a Final Accounting is prepared, proper Claims are paid and distributions are made to the appropriate heirs.

Ancillary Administration

A special form of probate used to distribute a non-resident’s Florida property.  The usual procedures are slightly abbreviated, additional steps must be taken to interact with the foreign jurisdiction where the decedent resided.

Probate Litigation

When all the parties interested in a probate do not agree with the proposed administration the matter becomes contested and litigation may be necessary to resolve the dispute. If you think your case may involve litigation in Brandon, Florida our probate law firm will provide legal assistance.

Will Challenges, often based on:

• Undue Influence – a change to a Will prompted by coercion or inappropriate actions

• Lack of Testamentary Capacity – a change to a Will the person didn’t truly understand

Actions against the Personal Representative, including:

• Demand for Accounting – the heirs, as well as any unpaid creditor, are entitled to an accurate Accounting and may Object to any discrepancies.

• Breach of Fiduciary Duty – a Personal Representative must properly discharge their duties and may be accountable for improper actions or failure to perform a necessary act.

• Determination of Heirs – if a person was estranged from their family, leaves no obvious heirs or heirs can’t be located the Court may need to determine the proper beneficiaries

• Elective Share Determination – unless forfeited in a valid nuptial agreement, a surviving spouse in Florida is entitled to at least 30% of an estate.

Call the Law Office of Hemness Faller. We can help you: Avoid probate, avoid worry, avoid death taxes, avoid estate taxes, with frozen accounts, probate court, will contests, contested wills, disinheriting, inheritance, and homestead.

Is privacy lost during the probate process? How long does probate last? Call us to find out.

 

Work with Seasoned Probate Attorneys in Brandon

With years of experience under our belt, Hemness Faller Elder Law helps families in Brandon and the rest of Florida solve probate issues. We’ll explain the process thoroughly, as well as your legal options. Apart from probate, our lawyers handle estate planning and elder law.