Larry Schott has 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:

• Formal Administration
• Ancillary Probate
• Summary Administration
• Florida Intestate Probate
• Will Contests
• Probate Lawsuits
• Undue Influence and Lack of Capacity claims
• Wrongful Death Claims
• Debts owed by and to the Decedent
• Locating Heirs
• Sale of Real Property
• Management of Business Interests
• How To Remove a Deceased Person’s Name
• Transfer of Florida Real Estate After Death
• Broward County Probate Requirements
• What Do I Do with the Car When a Loved One Dies?

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 a Probate takes 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 estates required to file a federal estate tax return, Form 706, which is due nine months after the 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 Probate Lawyer, contact us today for a free consultation.

Get A Free Case Evaluation – Call (954) 880-1302

Contact Larry Schott to find out how he can help you. You can contact him by phone at (954) 880-1302 or by e-mail through this website to schedule an appointment and learn more about Florida Probate. He offers a free initial consultation.

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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.

Get A Free Case Evaluation – Call (954) 880-1302

Contact Larry to find out how he can help you. You can contact him by phone at (954) 880-1302 or by e-mail through this website to schedule an appointment and learn more about your rights from an experienced probate lawyer. He offers a free initial consultation.

To learn more about Larry Schott and how he can help you, click on this link: Broward County Probate Lawyer

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.