After a loved one dies, families need time to grieve. Complicated probate laws and a conflicting reading of your loved one’s will can mean a longer, more stressful probate process. Hiring a Pathway Law, P.A. Eustis probate administration lawyer can help ensure you understand all of the legal implications of your loved one’s will and may defuse family disputes.
Many people think that if there’s a will involved, they won’t need to worry about probate or about the way their loved one’s wishes are carried out, but in truth, there’s another step after your loved one passes. That’s where your Eustis probate administration lawyer comes in.
At Pathway Law, P.A., we are very familiar with the Lake County Courthouse, located at 550 W. Main St., Tavares, Florida. All of our Eustis probate administration lawyers are local to Lake County, giving them intimate knowledge of the community here. We have decades of experience helping local residents with their estate planning, and a Eustis probate administration lawyer can help ensure your loved one’s wishes are carried out when it matters most.
Probate is the process by which the assets and debts of a deceased person are transferred to living persons. It most often involves the courts, as outlined in Chapters 731-735 of the Florida statutes. However, each county has its own process that must be followed to go through probate. This can be a very trying time for inheritors or heirs, especially if the decedent did not leave a will. Only 32% of U.S. residents report that they have a will.
There are two types of probate in Florida:
Inheritors may also file a Disposition Without Administration if the decedent’s will does not include an executor. There can be no creditors who object, and it can include no real estate property.
With the homeownership rate in Lake County at 76.6%, higher than the state of Florida, it’s unlikely most decedents will have summary administration as an option. With formal administration, you’ll go through the court system. Florida’s probate laws are complex, and the judge has discretion to require you to hire a probate administration lawyer to ensure you understand those complexities.
At Pathway Law, P.A., we understand Florida probate. We are a compassionate and knowledgeable firm, and we can aid you in both understanding the process and making sure your loved one’s wishes are carried out the way they would want them to be.
A Eustis probate administration lawyer can be objective, and we can take care of Estate Administration, including the administration of the will or estate, deal with creditors and debtors, and give you the chance to spend your energy on properly grieving instead of uncomfortable family disputes in Eustis, FL. As part of the Lake County community, we are committed to supporting our fellow community members, and we know the probate process well.
The rules for probate in Florida are many. Some of the most important are that you must notify all inheritors and debtors, you must notify the court within 10 days of the decedent’s death, and you must file a list of assets within 60 days of the judge’s release of letters of administration.
The 10-day rule for probate in Florida is a law that states you must file a death certificate with the Lake County Courthouse within 10 days of the death of the decedent. However, most courts recognize that there are times when the administrator may not be immediately notified of the death. The judge will have to approve the will in order for probate to begin, so hiring a probate administration lawyer may help you avoid a long waiting period.
The probate rule 5.530 in Florida is a rule that governs the personal representative of the decedent. It requires the representative to sign a series of documents, such as the inventory and accounting of the estate, any petition to sell items of the estate, a petition to purchase on credit, and more. All of these documents must be signed. A Eustis probate administrator understands the rule and can help make sure all paperwork is completed properly.
There are several assets excluded from probate in Florida:
A decedent’s will has four requirements to be considered legal in Florida. The decedent must be at least 18 years of age, must be of sound mind, and the will must be written (not oral or a video). In addition, after the will is written, it must be signed in the presence of two witnesses.
At Pathway Law, P.A., we are committed to supporting our clients in their time of need. We are longtime supporters of the Lake County community, and we have been aiding clients here for two decades. We know how difficult it can be when there is no will left behind, or when your grief renders you unable to spend time on messy, complicated probate situations. We are here for you. Contact us today.
