Alan Sackrin and Larry Tolchinsky have for many years helped people who have needed legal assistance in a variety of probate matters in Fort Lauderdale, Broward County, and the State of Florida, including:
The Florida Probate Process
Florida probate is the court procedure for settling the business and personal affairs of a deceased person by formally proving the validity of a Florida Will and verifying the legal transfer of property to beneficiaries. Probate may also involve appointing a Personal Representative while supervising the transfer of property to heirs if no Will exists. In sum, a Florida Probate is the legal process whereby a deceased person's estate is administered and distributed.
The two most frequently asked questions relating to probate are related to what assets are included in the Probate estate and how long does a Probate take to administer.
Only assets owned by a decedent in his or her individual name require probate. Assets owned jointly as “tenants by the entirety” with a spouse, or “with rights of survivorship” with a spouse or any other person will pass to the surviving owner without probate. This is also true for assets with designated beneficiaries, such as life insurance, retirement accounts, annuities, and bank accounts and investments designated as “pay on death” or “in trust for” a named beneficiary. Assets held in trust will also avoid probate.
For those Probate estates not required to file a federal estate tax return, the final documents to close a probate are due within 12 months of the opening of the estate by the Court. An estate is opened upon the issuance of letters of administration by the Court.
For those estate required to file a federal estate tax return, Form 706, which is due nine months after death, the final accounting and papers to close the probate administration are due within 12 months from the date the tax return is due. This date is usually extended by the court because often the IRS' review and acceptance of the estate tax return are not completed within that period.
Probates that do not file a federal estate tax return and that do not involve any lawsuits, often close within five or six months. If you would like additional information about the Florida Probate Process, please feel free to read our blog, About Florida Probate. It addresses some of the most frequently asked questions about the Florida probate process.
If you require the help of an experienced Florida Probate Lawyer, contact us today for a free consultation.
Get A Free Case Evaluation - Call (954) 522-0207
Contact Larry Tolchinsky to find out how he can help you. You can contact him by phone at 954-522-0207or by e-mail through this web site to schedule an appointment and learn more about Florida Probate. He offers a free initial consultation.
Do You Have a Question?
Please fill out the “Talk With An Attorney” form above to ask a question or you can call us at 954-522-0207. We promise to get back to you promptly. Ask now.
You may also be interested in (From Our Probate Blog):
Fraud or Undue Influence Challenges to a Florida Will
Probate and Unclaimed Property
Duties of a Florida Personal Representative
Personal Representative Duties – Continued
Florida Probate – An Outline of the Probate Process
What is Probate?
Florida Probate Laws
Florida Ancillary Probate
Personal Representative’s Qualifications to Act
Personal Representative Fees
Personal Representative Attorney Fees
Florida Probate Costs
Florida Probate Creditors
Buying and Selling Probate Property
Florida Probate Litigation
Florida Lost or Destroyed Wills
Safety Deposit Boxes Under Florida Probate Law
Sunrise | Wilton Manors | Pompano Beach | Tamarac | Coconut Creek | Cooper City | Plantation | Coral Springs | Dania Beach | Davie | Deerfield Beach | Fort Lauderdale | Hillsboro Beach | Lauderdale-by-the-Sea | Lauderdale Lakes | Lauderhill | Lazy Lake | Lighthouse Point | Margate | North Lauderdale | Oakland Park | Parkland | Sea Ranch Lakes | Southwest Ranches | West Park | Weston
DISCLAIMER: This website provides general information regarding legal injuries and their redress as defined by Florida law. This is provided for information purposes only and is not legal advice. It does not create an attorney-client relationship.