Probate is a legal process that facilitates the transfer of inheritances to beneficiaries, payment of outstanding debts and taxes, and validation of a will. Many people associate probate with a lengthy, negative process to avoid at all costs. However, the truth is that most estates go through probate, and with the proper preparation and legal support, the process can be seamless and stress-free. By working with our Winter Park, FL probate lawyer, you get the benefit of a team with nearly fifty years of experience, and who are passionate about helping families protect their futures.
“Probate Takes Years”
The length of probate depends on the details of the estate, whether or not a valid will is present, and how complex the estate’s assets are. However, it is a myth that the average time it takes to go through probate is a year. Most cases are completed within a few months, especially when you retain the help of our estate planning lawyer.
“A Will Avoids Probate”
A will helps the probate process move more quickly, but it doesn’t avoid probate. A probate judge will still need to review the will, confirm it is valid, rule on how debts will be paid, and confirm beneficiaries. If you wish to avoid probate, it is important to discuss options to create a trust with our estate planning attorney. Trusts are one of the only avenues to keep the division of an estate private and out of probate court. Our Florida trust lawyer can explain whether or not you would benefit by forming a trust.
“Probate is the Same in Every State”
The probate courts are part of the state legal system. Therefore, each state has different laws pertaining to the probate process. It is important to hire a local attorney to make sure that you are properly informed and know what to expect. For example, in Florida, real estate is not factored when determining the value of an estate. This difference can have a significant impact on the outcome for beneficiaries.
“Probate Will Drain the Estate”
The amount of money probate takes from the estate varies, but it is unlikely that the full value of the estate will be lost. First, burial and funeral expenses are subtracted. Then, any debts or taxes are accounted for. These items could include the deceased’s outstanding medical bills, credit card debt, final income taxes, and estate taxes. Finally, court costs, attorney fees, and executor compensation are paid out of the estate. The remaining assets and wealth are divided according to the conditions of the will or by following intestacy laws if the deceased did not have a valid will.
“I Don’t Need a Probate Lawyer For Probate Court”
The court does not require a lawyer to be present during the probate process. However, working with our attorney has several benefits. The probate process involves substantial paperwork, strict filing deadlines, and confusing obligations. You will be required to notify creditors, gather estate documents, secure the death certificate, and more. These tasks can seem daunting, especially while you are grieving. Even the simplest mistake could cause costly delays and open you up to personal liability. We work hard to expedite the probate process, get you your inheritance faster, and avoid disputes.
Making Probate Easier
Our Florida probate attorney is dedicated to meeting your needs with our client-focused legal services. It is typical for an estate to go through probate, and while court proceedings can seem intimidating, Hirani Law will make it as easy as possible for you and your family. With almost 50 years of combined experience, you can rely on our family-owned law firm to protect your best interests during the probate process. To learn how we can help, contact our office to schedule a free initial consultation today.