Probate

Probate is a court process designed to ensure that a decedent's assets are distributed to the deceased's loved ones if the deceased has a will or to the deceased's "heirs at law" if the deceased's does not have a will. In a probate the court supervises the administration and distribution of the assets and makes sure that all creditors are paid before distributions to beneficiaries can be made. In a probate the court determines whether a will is valid and then oversees to ensure that the will maker's intent is carried out; in other words to ensure that the assets are gathered up, that the just debts are paid and the balance is distributed to the will beneficiaries.

When a person dies without a will (intestate) the laws of Florida dictate who will benefit from the decedent's estate. Many people have a misconception that if they do not have a will the state will get their money. That is not the case. The laws that apply to decedent's assets when there is no will generally require that the assets are to be distributed to the decedent's closest relatives such as parents, spouses and children.

The cost of probating an estate varies according to the size and complexity of the estate, the efficiency of the will planning, and whether there will be a will contest or contested creditor claims filed during the course of the probate process.

While probate is not the horror that many portray it to be it can become an expensive and long drawn out process. Make sure that the lawyer that you hire to handle your probate has sufficient experience to address all of the issues that come up in the probate process. Equally important consider estate planning such as a Living Trust while you are still alive and well to avoid the need for probate upon your death.

At the Law Office of Steven Friedman we have close to 30 years experience in probating estates and in planning people's estates to avoid the probate process. Please contact Mr. Friedman online or call us at 954-385-7282 to set up a free initial consultation.

At the law office of Steven Friedman our guiding principal has and always will be to provide our clients with competent legal representation at a fair and reasonable fee.