Florida probate administration: Do you need to hire a Florida probate lawyer?

By: Daniel Smith | Posted: 25th March 2010

As per Florida probate law almost in all cases a Florida Probate Administration attorney has to involve in estate administration. If you have to go through probate in Florida then its better to hire a Florida probate attorney. But everybody doesn’t know when a probate attorney is required.

Do you know what Florida Probate is?

Probate is a process to establish the deceased’s assets, taxes, Loans, debts, expenses and other claims and after the payment to the creditors, distribution of remaining assets to the heirs. According to the Florida probate law, the whole process is court supervised and can be summary administration (where a lawyer is optional) or can be formal administration (where a lawyer is required).

Formal administration: In Florida, Formal administration always requires a probate lawyer who is very much familiar with Florida probate law. In formal administration all parties represented by legal counsel and it is a formal probate process in special probate court. In probate administration, formal administration process comes due to two reasons
I: If the deceased has assets and property which is more than $ 75000 and he or she has expired within the past two years.
II: If the deceased had a request in his or her will for formal administration.

Summery Administration: Summery administration is a brief procedure of probate. And it requires you to provide original documents and complete forms. This process will qualify if

I: The assets and property is less than $ 75000 and all due amount is paid.
II: And if the decedent has expired more than 2 years ago.

Though your case is qualifying for summery administration, but you can choose formal administration as Florida probate law allows and if you choose formal administration then you need hire a florid probate lawyer or you can consult with a probate attorney that as per your situation which one is the best option for you, Formal Administration or Summary Administration.

Do not do the same mistake as many people do it by handling their probate themselves. How ever it is not a good decision that without any professionals helps handling a probate, as it’s quite complicated. If you think that to manage your probate you don’t need to hire an attorney then it will be a bigger misstate and your property can go in the wrong hand. May be you are too busy with your family; with your work, the child’s education and so many other responsibilities. And it is very difficult for you to make better planning for your property and assets. But it is very important to invest time in property planning if you want to write your will, so that your assets and property will remain with your lovable one after your death.

One more thing is that people thinks that living trust can solve their problem. Yes, living trust can save you from the complexity. It just a way to avoid the complicated probate process but then you need to follow certain Florida probate laws even in case of a living trust. So avoid hiring a Florida probate attorney is quite impossible if you don’t want any legal issue.
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Tags: mistake, debts, assets, loans, creditors, decedent, legal counsel, heirs, probate court, peopl, rsquo