florida when do you need an attorney in probate court

In Florida, in particular, a lawyer is a requirement for anyone having to go through a probate process. It’s a good requirement because there is so much to know and during the time when a probate process likely happens, you’re also dealing with the loss of a loved one. No one should have to go through this time alone. Do I need a probate lawyer?

Full Answer

Do I need an attorney for probate in Florida?

Consulting with an attorney for probate is not only advised, but required in the State of Florida (with only one rare exception discussed in the article). Download Now! To help readers better understand the context of the article, here are some of the most common terms found within this content and/or used throughout the probate process.

What is the probate process in Florida?

Probate is a necessary court-supervised legal process used for the verification and administration of an individual’s assets after death. This legal process varies from state-to-state and is necessary to ensure assets are correctly distributed to beneficiaries. This article discusses Florida probate rules and processes.

Where do I go to probate court in Florida?

County Clerk of Court – In Florida, most probate hearings are done through the County Clerk of Court in the County in which the decedent resides at the time of their death. This is not to be confused with an actual clerk in the courtroom.

Is probate necessary in Florida for assets in a living trust?

Assets held in a Living Trust (also known as a Revocable Trust). Understanding these circumstances can help in planning a person's estate and in assessing whether a probate must be opened. This is the first in a series of articles which will discuss when probate is and is not necessary in Florida.

Who is personally liable for probate?

One last thing to note: Petitioners, Executors and Personal Representatives are held personally liable for their actions during the administration of probate. This is not an arena you want to dabble in simply because you’ve found a few forms online.

Who represents a guardian in Florida?

Every guardian and every personal representative, unless the personal representative remains the sole interested person, shall be represented by an attorney admitted to practice in Florida.

What happens if you don't have an undersigning attorney?

If a court clerk overlooks the fact that you don’t’ have an undersigning attorney on your paperwork, you might get your foot in the door. But the consequences of starting a process you’re not sure how to finish can be brutal – and the clerks won’t help you one bit. Don’t blame them – they aren’t allowed to give advice.

Do you have to have a personal representative in Florida?

99.99% of the time, the answer is yes. Generally speaking, a personal representative must have attorney representation before the probate courts in Florida. “But it’s a simple estate! Just a house and a checking account!”. Unfortunately, that’s not the criteria for a “simple estate” and it certainly doesn’t lay the groundwork for rules requiring ...

Can you get past the clerks in probate?

You won’t even get past the clerks in Formal Administration. One last thing to note: Petitioners, Executors and Personal Representatives are held personally liable for their actions during the administration of probate. This is not an arena you want to dabble in simply because you’ve found a few forms online.

How long does probate take in Florida?

With that said, it’s reasonable to expect the average Florida probate process to take between 6 to 12 months.

What is probate in Florida?

Probate is a necessary court-supervised legal process used for the verification and administration of an individual’s assets after death. This legal process varies from state-to-state and is necessary to ensure assets are correctly distributed to beneficiaries. This article discusses Florida probate rules and processes.

What are the different types of probate in Florida?

Under Florida law, there are three main types of probate: formal administration, summary administration, and disposition without administration . Below is a description of each of these three kinds of probate proceedings.

What is probate litigation?

Probate Litigation – Basically, this is used to describe a legal dispute during the probate process. The most common types of probate disputes include: challenges to wills/trusts, legal disputes over guardianship, etc.

What is notice of administration in Florida?

Notice of Administration – Formal notice given to beneficiaries and other interested parties by the personal representative. The notice is legally required in Florida and serves the purpose of providing specific details on the probate proceedings.

What happens when someone dies without a will?

Intestate – When someone dies without a valid will, the State of Florida declares the property of the deceased “intestate.” This will be discussed further in the article.

When does a spouse receive the entire estate?

When the decedent has a surviving spouse and has no living children, grandchildren, parents, etc, then the spouse shall receive the entire estate.

Why do you need a probate attorney in Florida?

For Florida probate processes using the Formal Administration method, consultation with a probate attorney is required by Florida probate law because of the complex nature of the tasks and paperwork assigned to the executor of the estate. While those using Summary Administration are not required by law to seek the advice ...

What can a Florida probate attorney do?

In larger estates, there may be additional tasks for the executor which can be handled by a Florida probate attorney, such as filing and sending legal forms and documents.

What is probate administration in Florida?

The most common type of probate administration in Florida is Formal Administration. Formal Administration of Florida probate cases is used when either a newly deceased person (died in the past two years) has distributable assets totaling more than $75,000, or when the individual requested this type of administration in their Will, ...

What is probate in Florida?

When a person dies, probate helps ensure that the deceased's debts, loans, taxes, and other expenses are paid, and assists with the distribution of the assets that remain to beneficiaries listed in the deceased's Will. There are two types of court supervised probate administration, Formal Administration and Summary Administration , which both fall under the jurisdiction of the Florida Probate Law.

Can you use Florida probate for summary administration?

Under Florida Probate Law, if you meet the criteria for Formal Administration, you must use that Florida probate process. However, the same is not true for Summary Administration. If you qualify for Summary Administration, you have the right to elect Formal Administration instead. A Florida probate attorney can help you decide whether Formal ...

Is summary administration required in Florida?

While those using Summary Administration are not required by law to seek the advice of a Florida probate attorney, it is highly advisable. A Florida probate attorney can help ensure that the executor is completing tasks and properly administering the estate. A probate attorney is likely to help the executor—whether that is a bank, ...

Can a revocable trust be used to bypass probate?

Although a revocable trust may provide a way to bypass probate, handling the estate of a deceased individual can be incredibly difficult, and the benefits of hiring a probate attorney to assist with the distribution of assets to the right persons outweigh the costs.

What is probate administration in Florida?

Probate Administration often involves complex considerations that need the guidance of an experienced estate planning and probate attorney. As a result, the Florida Statutes and Court rules require the assistance of a Florida attorney to administer a Florida probate estate. There are different kinds of probate administration available in Florida.

When is summary administration allowed in Florida?

Summary administration is permitted in Florida when the estate assets to be probated are less than $75,000.00. You should discuss administration of an estate as a summary administration and the pros and cons of doing so if the estate qualifies for summary administration with a Florida probate attorney before a summary administration is petitioned for before the Florida courts.

Why do you need a lawyer for probate?

But you may only need to hire a lawyer if the estate assets you are handling are unusual or the estate is too large. You may not need a lawyer if most of the points below apply to you:

Do you need a probate lawyer if you have no will?

You definitely need to hire a probate lawyer if the decedent died without a Will . The reason for this is that disputes over inheritance are more likely in a situation where there is no Will.