Probate law in Florida governs the process of managing someone’s estate after they pass away. It’s designed to ensure all debts are settled and assets are transferred to the appropriate entities according to either the deceased’s wishes or state law. This process can be challenging to handle on your own, especially as you try to grieve your loved one at the same time. Working with a Clermont probate lawyer can provide you with clarity as you navigate this complicated time.
At Pathway Law, P.A., we understand how easily major life transitions can create stress. That’s why our firm is dedicated to helping Florida residents navigate difficult legal proceedings, including probate and the distribution of an estate. Our team can not only help you understand your rights and legal options as you go through probate, but we can also represent you in and out of court if needed. Don’t wait to protect your rights and your loved one’s estate today.
Probate is far more common in Florida than many families realize. In fact, in fiscal year 2021-2022, there were 161,142 probate filings across Florida alone. These numbers demonstrate just how frequently families are turning to the courts for assistance in managing estates, making it crucial to understand how probate laws could affect your own situation in the future.
This rise in probate filings also shows that the probate process is not just limited to complex or high-value estates, as popular myths suggest. With thousands of cases being handled across the state each year, having a Clermont probate attorney on your side ensures the matters you have at hand receive the attention they deserve and aren’t delayed by accidental errors.
While many probate cases are resolved without ever having conflict, there are times when disagreements lead to the need for appeals or higher court review. In fact, fiscal year 2023-2024 in Florida saw 239 probate and guardianship appeals filed at the District Court of Appeal level.
Some of the most common reasons why appeals happen include:
When these disputes are brought to the surface for consideration, courts often look for reliable evidence to determine whether an appeal is justified or if a claim has merit. Some common forms of evidence that an attorney can help you obtain that would support an appeal or dispute may include:
While your Florida probate case might move forward without any conflict, being prepared can help families avoid the stress of appeals or disputes altogether.
Strong ways to prepare for probate in Florida and potential disputes include:
The cost of hiring a probate lawyer in Florida largely depends on how complicated the estate in question is. The more complicated the estate, the more legal intervention is needed to resolve the case. Some attorneys charge hourly rates to work on these cases, while others might offer flat fees per service. Larger estates or those with disputes often require more time and resources, which can increase overall expense. Discuss costs upfront before you hire a probate lawyer.
While it’s technically possible to go through probate without a lawyer, it’s rarely recommended. The process can be overwhelming to the average person without a legal background, increasing the risk of errors and delays. A probate lawyer helps ensure assets are properly distributed, creditors are handled, and that personal wishes are followed. Without this representation, your mistakes could lead to unnecessary delays or disputes.
An estate attorney typically helps with estate planning matters before someone passes away, such as creating wills, trusts, and different strategies to help protect their client’s assets. On the other hand, a probate lawyer steps in after someone has passed away to guide the surviving family members through the court-supervised process to settle the estate. While the two roles can overlap, estate attorneys focus on protection, while probate lawyers focus on administration.
The length of probate in Florida can vary significantly depending on the size of the estate and if there are any outstanding issues to resolve. Simple estates may be resolved in a matter of months, while larger or contested estates can take a year or longer. Delays often occur if there are creditors to notify, property to sell, or disagreements amongst heirs. The more probate cases that are filed can also impact how quickly courts are able to get to your own.
If you are looking for a probate attorney to assist with your estate management needs in Florida, don’t wait to contact our law firm today. The team at Pathway Law, P.A., has been helping Florida families through probate for years, and would be honored to help you take your first step toward protecting your family’s legacy.
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