Probate in the state of Florida can be a costly and time-consuming process. Many people want to avoid probate however possible. But unfortunately, many people do not take the steps needed to prevent probate from happening to their estate. At Hirani Law, we can help you create an estate plan that avoids probate or assist you with the probate process. Our Winter Park, FL probate lawyer has the knowledge and required to protect your assets and legacy so future generations of your family can inherit what you want them to have. Contact us now so we can get started!
Probate Lawyer Winter Park, FL
Depending on the size of your estate, probate can take several months or even years to conclude. Beneficiaries who are in need of their inheritance may have to wait until they are given access to assets or funds. During this time, creditors are allowed to make claims with the estate, which is a contributor to why the time period can feel prolonged. As our Winter Park probate lawyer explains, there are ways you can avoid probate, such as devising a living trust, adding a joint owner to your bank account or property deed, sending gifts to heirs before death, and/or creating a transfer on death (TOD) for real estate and securities. If you would like to learn about how to ensure beneficiaries receive their inheritance smoothly and promptly when the time goes to do so, reach out now for further assistance!
When someone seeks our help regarding probate, it is often because they either want to avoid it or are currently dealing with a probate case and need guidance. We understand the anxiety of any kind of legal proceeding. Our probate attorney can use certain tools and strategies to confirm your estate doesn’t go through probate. If you are concerned about your loved ones being able to receive their inheritance without delay, then contact us now so we can implement a legally sound estate plan. We are ready to help you begin!
Why Experience Matters For Probate
Probate can be a complicated process that takes time and expenses to conclude. We recommend getting help from our team so we can be a source of information and advice. You can depend on our probate attorney for your probate needs because:
- We are a dedicated, family run law firm that treats every client like family.
- We have more than 35 years of experience practicing law, giving us attuned knowledge into probate and other estate planning matters.
- We offer free initial consultations for new clients who want to know more about our services before we get started!
At Hirani Law, you can rely on us to take care of your estate. We know that legalities can be confusing and at times overwhelming. But when you have our Winter Park probate lawyer assisting you, you can have peace of mind that you have someone watching out for your best interests. Contact us today for a consultation to learn more! We hope to hear from you.
Types Of Probate Cases We Handle
If you have lost someone close to you and need help with probate, our Winter Park, FL probate lawyer is here to help. The dedicated legal team at Hirani Law has more than a quarter of a century of experience helping people throughout Florida with all of their probate, estate planning, business, and real estate law needs. We understand that this may be a difficult time and our goal is to make the legal process as straightforward and manageable as possible. Whether the estate is simple or involves multiple properties and accounts, we are ready to guide you through each step.
Formal Administration
Formal administration is the standard probate process used when the value of the estate exceeds $75,000 or when required by law. We handle court filings, notices, and asset distribution while keeping our clients informed along the way.
Summary Administration
This is a shorter process available when the estate’s value is below $75,000 or the decedent has been deceased for more than two years. We help families save time and money by assessing whether this streamlined option applies.
Probate For Out-Of-State Personal Representatives
When a personal representative lives outside of Florida but is responsible for managing a Florida-based estate, we provide local representation to handle probate efficiently. This often involves coordinating with courts and heirs across different jurisdictions.
Probate Involving Real Estate
Unless the deceased had an estate plan that allows their heirs to avoid it, if they owned real estate in Florida, the property will likely need to pass through probate. Our Winter Park probate lawyer can assist in resolving title issues, coordinating sales, or distributing the property according to the will or state law.
Probate With No Will (Intestate Estates)
When someone passes away without a valid will, Florida’s intestacy laws determine how the estate is divided. We work with families to identify heirs and follow the correct legal procedures so the estate is closed properly.
Probate Litigation
Sometimes disputes arise during probate, whether over the validity of a will, actions of a personal representative, or distribution of assets. We represent clients in probate-related disputes to protect their interests while seeking a fair resolution.
Ancillary Probate
If a non-resident passes away owning property in Florida, an ancillary probate case must be opened in this state. We assist clients and out-of-state attorneys in completing the Florida-specific probate process required for these situations.
Trust Administration With Probate Components
In cases where the decedent had both a trust and assets that did not transfer into the trust, limited probate may still be necessary. We help trustees manage the trust while handling the probate side of the process.
Probate For Small Estates
Even small estates may require legal action to transfer assets. We assist clients in identifying which legal tools are appropriate and prepare the required documentation to close the estate smoothly.
When You’re Ready For Help
If you have lost someone close to you, our Winter Park probate lawyer can provide you with legal advice, guidance and support. Reach out to Hirani Law today. We’re here to take the legal burdens off your plate so you can focus on what matters most.
What To Expect During The Probate Process
When a loved one passes away, their estate often goes through probate—a legal process that handles the distribution of assets, payment of debts, and validation of the will. While probate may sound complicated, understanding each stage can make it easier to manage. When you call our Winter Park, FL probate lawyer today, they can walk you through the process.
1. Filing The Probate Petition
The first step in the probate process is filing a petition with the court. This begins the legal proceedings and requests that a personal representative, also known as an executor, be appointed to manage the estate. The petition is usually filed in the county where the deceased person lived. Once approved, the court issues official documents giving the personal representative the authority to act on behalf of the estate.
2. Notifying Beneficiaries And Creditors
After the court appoints the personal representative, all interested parties must be notified. This includes heirs, beneficiaries named in the will, and any creditors who may have claims against the estate. Creditors are given a specific time frame to file their claims, and failure to do so may prevent them from collecting what they’re owed. Our Winter Park probate lawyers have over 35 years of experience helping families through the probate process, including working with creditors.
3. Taking Inventory Of The Estate
The next step involves identifying and valuing all assets that belong to the estate. This includes real estate, bank accounts, personal belongings, investments, and business interests. An accurate inventory is essential for determining the total value of the estate and for managing taxes or debts that may need to be paid. We assist personal representatives in gathering documentation, working with appraisers when needed, and preparing the report for the court.
4. Paying Debts And Taxes
Before distributing assets, the estate must pay any valid debts and outstanding taxes. This may include medical bills, credit card balances, mortgages, or final income taxes. The personal representative uses estate funds to pay these obligations before any property can be transferred to beneficiaries. Our family-run law firm can help make sure debts are properly handled and that tax filings are completed accurately, helping you and your family avoid future disputes or delays.
5. Distributing Assets And Closing The Estate
Once all debts and taxes are paid, the remaining assets are distributed to the beneficiaries according to the will or, if there is no will, based on Florida’s intestate laws. After distributions are complete, a final accounting is submitted to the court, showing how assets were managed and disbursed. Once approved, the estate is officially closed, and the personal representative’s duties end.
Get Legal Help For The Probate Process
Probate can be an emotional process, but having clear guidance makes a difference, including the different myths surrounding the process. Each step requires careful attention to detail and adherence to Florida’s legal requirements. One of Winter Park probate attorneys, Meenakshi A. Hirani, was designated a 2021, 2022, 2023, & 2024 Super Lawyer. Call us today at Hirani Law to schedule your consultation!