Probate Overview

Probate is the legal process of identifying and gathering the assets of a deceased individual, notifying his or her creditors, settling his or her debts, and distributing the remaining assets to the heirs or beneficiaries of the deceased.

In Florida, there are primarily two types of estate administrations – Formal Administration and Summary Administration. A summary administration may be appropriate where the value of the decedent’s assets are less than $75,000.00 or where the individual has been deceased for more than two years. A summary administration is typically completed in a shorter period of time and is less costly.

For estates not meeting either one of these criteria, a formal administration will be required. In a formal administration, a personal representative will be appointed who will be responsible for administering the estate under the guidance of a probate attorney. A formal administration can be completed in four to six months if no complications arise during the administration. In cases where litigation develops, an estate can take years to close.

What Do Probate Attorneys Do

Probate attorneys prepare all the necessary documents to open and close an estate, whether a summary or formal administration.  The attorney also manages the probate process and provides guidance to the client throughout the process.  Probate law is complex and requires a skilled attorney well versed in all relevant Florida probate statutes, probate rules, and local rules of court.

If you have recently lost a loved one and are ready to begin the probate process, the Niebla Probate Firm can assist you with this complicated and frequently overwhelming process.  To schedule a consultation, contact us at (786)-599-1360 or online by clicking here.



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