Practice Image

Probate

Probate

Probate is the mechanical process of transferring assets from the decedent’s name to the heirs of the decedent after the person’s lifetime.

It may be that no probate is required.  There is no requirement after the death of someone to file a probate proceeding, according to Florida law. This law is valid whether or not the person died testate or intestate.

When a person passes without a last will and testament, it is known as intestacy or dying intestate. On the other hand, dying testate is when a person gives with a last will.

What aspects of the law make a case?

When a person dies, intestate or testate is the first aspect of building a probate case. Deciding a will’s validity or whether a choice exists is one aspect that makes a case. Other elements of creating a probate case are determining financial responsibilities and apportioning a decedent’s property.

The court will appoint an administrator or executor if there is a will during a probate case. This personal representative is in charge of asset collection and discharge of any expenses, debts, and eventual distribution. A probate case can take anywhere from 9 months to a year and a half to settle, sometimes longer.

Why do you need an attorney?

Estate planning can be a tricky thing. We understand that when a loved one passes, then things can seem overwhelming. The professionals working for Davey Law Group are here to help make this stressful time more comfortable. We inform and educate our clients about the probate process to help them through it.

Give Davey Law Group a call today at 407-645-4833 or email us at. Schedule a consultation with one of our empathetic attorneys today; we will make the probate process more accessible.

Attorney Image

Catherine E. Davey

Attorney