An informative primer regarding probate in Florida

Broadly speaking, probate is a court driven process that aims to identify and distribute the assets of a decedent - dead person. The probate code prevents a decedent from altering his estate illegally. The probate process generally involves a court process, a probate attorney would be quite useful for people who are going to face a inheritance dispute, particularly if such a dispute ends up in a probate court. This article will explain the importance of having a probate lawyer.

Properties of the deceased which is solely owned or co-owned with other people are probate assets which are governed by the court driven process called probate For the latter form of ownership, probate only applies if there are no provisions for succession after the death of any of the co-owners. Probate assets may include real property, accounts such as bank, investment or retirement, policies of life insurance, and other contracts such as annuities. A person without specialized knowledge or an attorney who is no familiar with robate administration may not be the best choice to help with probate and nonprobate assets.

Fort Lauderdale probate attorneys

A decendent may not have a will upon termination resulting in probate. There's an established set of rules for distributing assets to heirs according to the intestate laws of Florida. The main priority goes to the decedent's surviving spouse who receives all the probate assets if there are no other living descendants. However, if the decedent has both a surviving spouse who has other living descendants, such as a child from a previous marriage,and one or more living descendants, the former party gets one half of the probate estate while the other half goes to the other descendants. The probate estate will only pass to the state of Florida if the decedent has no living heirs or beneficiaries. Without a knowledgeable probate lawyer, the decedent's heirs might find it incredibly difficult to fairly distribute the probate estate.

Probate Paperwork - Probate administration will require a lot of detailed paperwork. A Probate lawyer can help you determine your assets. Furthermore, a probate lawyer must provide the circuit court judge with a list of creditors and debtors such as the IRS, property owners, utility companies, healthcare providers, and financial institutions. If the correct paperwork has not been filed it could create delays and make the probate proceedings more complicated. To hire a probate lawyer who is more likely to have more experience with financial paperwork, is the best thing. By using the services of a Florida attorney, you can rest assured that financial issues revolving around your particular probate case will be handled in a professional manner.

Based on Florida Probate statutes a dead person's property can be formal or summary administration. A decedent cannot receive properties without an attorney. As well as giving legal guidance, a probate attorney makes sure the circuit court does not disregard the dead person's heir and beneficiaries' rights. Fort Lauderdale asset protection tips