Most Commonly Asked Questions Regarding Florida Probate and Attorney Answers 

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Here in this post, we will post the answer to a few of the most commonly asked questions that people ask regarding Florida Probate, which is answered by the Boca Raton Probate Attorney.

  • What a Florida Probate is?

When a person dies then a legal process is needed for transferring the property of the deceased person to the actual successor of the property, which is called Probate.  One needs to take the help of any Florida probate attorney for completing this process. 

  • Will I need any lawyer to go through this probate process?

Yes, as per Probate Rule 5.030 of Florida, it requires that a certain personal representative will be needed and that can be represented only by a probate lawyer unless the person is the sole party interested in the estate.

  • Can I skip this probate process if the decedent does not have a trust?

No. In Florida, probate will always be necessary. The estate will need to follow the process through the probate process for distribution of the property even if the decedent possesses a Will.

In case the estate is below $75,000, then there will be a less formal probate process. However, in case the estate value is more than $75,000, then the estate has to complete a total process through court-ordered probate.

  • How long probate process takes in Florida?

The total length of the whole probate process can vary based on the complexity and type of probate required in a particular case. In case, there is a certain disagreement between all the interested parties in a certain case that may be related to the legitimacy of any will, and whether any real estate that has to be sold while the probate administration is in process.

Typically, the probate process may be within 3 to 12 months. 

  • What will happen under the Florida probate law if no will is there?

In case someone ever dies without any will in Florida, then his or her estate will be subjected to “intestate succession”, which means that it will go to his or her closest relatives. Generally, a spouse will be considered the closest relative, followed by his or her children, thereafter parents, then other siblings. When a person dies then a legal process is needed for transferring the property of the deceased person to the actual successor of the property, which is called Probate.  One needs to take the help of any Florida probate attorney for completing this process. 

  • How anyone can contest a Will?

Even a Will can also be contested in the court in several ways. Any objections to Wills will generally be raised if the deceased was proved to be having lack of mental balance and had no capacity to decide who will be beneficiary, forced/undue influence, improper signatures, forgery, lack of witnesses, or wrong structure of that Will.

When a person dies then a legal process is needed for transferring the property of the deceased person to the actual successor of the property, which is called Probate.  One needs to take the help of any Florida probate attorney for completing this process. 

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