Many people worry about probate court but don’t really know what probate means. Our experienced probate lawyers in Florida & Lake County can explain why it can be a problem and how to avoid it. Unless you have an estate plan that uses trusts, POD, TOD, or joint ownership of assets to avoid probate proceedings, your family must administrator your will or estate through probate.
The person possessing the will must present it to the appropriate probate court.
The executor named in the will must administer the estate.
If there is no will, Lake County probate court appoints an administrator to represent the estate. During probate, the will is validated, and an administrator must pay all debts and distribute the remaining assets to the named heirs.
Why Many People Choose to Avoid Probate
Probate is a legal system that oversees how wills and estates are handled. The downsides of having the court control the process are listed below:
- A Lack of Privacy – Probate cases are filed in court, and the details of your estate settlement are in the public record.
- Family Disagreements – People with complicated family dynamics, unpopular second marriages, or estranged loved ones may want to avoid probate to avoid will contests.
- Time Consuming – Probate can be time-consuming. Probate law averages about six to nine months, or possibly longer, dependent upon the size of the estate.
- Costly Court Process – Since the process requires court appearances and extensive paperwork, the legal fees can mount up quickly.
As one of the best probate attorneys in Florida, we can help you file the necessary paperwork and complete the estate settlement process quickly and efficiently. We answer questions and address any concerns you have along the way. If you are overwhelmed by the process of probating a will or estate, we can help. We navigate the process for you carefully and efficiently to try and avoid family conflicts during an emotional time.
How our Probate Lawyers in Florida Can Help You
A number of steps must be taken between death and the distribution of assets. Our firm can help you with the following:
- Filing a petition with the appropriate probate court
- Notifying beneficiaries, heirs, and creditors of the estate administration
- Appointing the executor or administrator
- Inventorying and appraising estate assets
- Reviewing claims filed by creditors
- Paying approved claims
- Selling assets if the estate lacks liquidity
- Preparing and paying estate taxes
- Distributing assets to beneficiaries and/or heirs
If you’re facing probate, you don’t have to go through it alone. If you have concerns about leaving family members to navigate probate court proceedings in the future, we can also review your current estate plan and find ways to avoid it.
Attorney Todd Mazenko is the owner and founder of the Mazenko Law Firm located in Mount Dora, Florida, in Lake County. His law practice focuses on estate planning, including wills, trusts, and probate, and he speaks throughout central Florida on these topics.
If you need a probate attorney, the experienced team at Mazenko Law Firm can help. Subscribe to our newsletter or sign up for upcoming events that share valuable estate planning information.
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About Probate
Client Testimonials
Todd is very knowledgeable about trusts and skilled in estate administration and probate. His advice is direct and clear. He responds quickly and his documents are well-constructed.
– Charles R.
In Florida, probate lawyer fees typically range from $200 to $500 per hour or a flat fee of $2,000 to $5,000 for straightforward cases. Complex estates can incur higher fees. Costs vary based on the lawyer’s experience, the estate’s size, and the complexity of the probate process.
While not legally required, hiring a lawyer for Florida probate is highly recommended. They help navigate complex legal procedures, ensure compliance with state laws, and address disputes or challenges. A lawyer can streamline the process, minimize errors, and protect your interests, especially for large or complicated estates.
In Florida, probate must be filed within 10 days of the decedent’s death if the estate requires formal administration. However, if the estate qualifies for summary administration, probate can be filed within two years of death. Timely filing is crucial to avoid complications and legal issues.
Probate in Florida can be complex, especially for large or contested estates. The process involves legal procedures, asset valuation, and creditor claims. While straightforward cases may be manageable, navigating probate often benefits from legal guidance to ensure compliance with state laws and efficient resolution of the estate.
1502 North Donnelly Street
Suite 106
Mount Dora, Florida 32757
Phone: (352) 565-7737
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