Gainesville Probate Attorney

Probate Lawyer in Gainesville, FL

Navigating probate in Florida can be challenging on your own, especially as you’re dealing with the emotional toll of losing a loved one. When you choose to work with a Gainesville, FL probate attorney at the Law Office of Douglas A. Oberdorfer, P.A., you can have peace of mind knowing you have a skilled professional on your side who understands the Florida probate process.

While you’re not obligated to work with a lawyer to settle an estate in Gainesville, FL, it can make the process much smoother overall. A skilled attorney understands the Florida probate process and can identify strategies to expedite the process as much as possible. In some cases, they may be able to help you avoid probate altogether.

What Is Probate in Gainesville, FL?

Probate refers to the process of validating the will of a recently deceased individual to divide their property among the entitled parties. A decedent’s assets must go through probate in Florida unless they meet certain requirements to be exempt. The most common types of assets that go through probate in Florida are:

• Bank accounts
• Personal property
• Real estate
• Vehicles

There were 2,313 deaths reported in Alachua County in 2023. This number has been on a slight incline since 2004, when the death count was at 1,557. Alachua County is under the Eighth Judicial Circuit. These courts saw 1,271 probate cases in fiscal year 2021-22. Of those 1,271 cases, 802 were in Alachua County specifically.

A Gainesville, FL probate attorney helps guide clients through the process of handling the estate of a deceased loved one so they can move forward with life with as little stress as possible.

What Is Summary Administration in Gainesville?

Summary administration is the process of settling small estates in Florida. These estates typically must be $75,000 or less in value or must belong to a decedent who has been dead for two years or longer to be eligible for summary administration. This is a more streamlined probate process for the distribution of simple assets like bank accounts and investment accounts.

When you go through summary administration, you must still provide notice to creditors so they can claim any debts. That said, most creditor claims are no longer viable two years after the date of the decedent’s death.

Avoiding Probate in Gainesville

It’s possible to avoid going through Florida probate altogether by taking advantage of key estate planning tools. As your trusted Gainesville, FL probate attorneys, the Law Office of Douglas A. Oberdorfer, P.A., can help you explore these avenues and find the right fit for protecting your assets and securing your financial future.

The three main ways to avoid probate in Florida include:

1. Declaring rights of survivorship in a property deed
2. “Pay on death” designations on financial accounts
3. Placing assets in a trust

Real property, such as the family home, is an important asset to consider when it comes to probate. The median price of houses sold in Alachua County is approximately $321.2K. A house is typically one of the biggest investments people make in their lives.

If you and your spouse bought your home together and they passed away, it’s important to understand your rights to your property when it comes to estate administration. A Gainesville FL, probate attorney can be a helpful resource.

Benefits of Working With a Gainesville, FL, Probate Lawyer

While you are more than welcome to navigate a probate case on your own, it can lead you to some challenges down the road. Florida probate can be complex and time-consuming. By working with a Gainesville, FL probate attorney, you can rely on someone with experience going through the process.

FAQs About Gainesville Probate

Q: Do I Need a Gainesville, FL Probate Attorney?

A: You may need a Gainesville, FL probate attorney; however, you are not required to work with a probate lawyer to administer an estate in Florida. That said, having a lawyer on your side can make the process much simpler. Your lawyer can help you navigate probate in Florida if you’re ready to handle an estate. Moreover, they can help you protect your assets and avoid the probate process altogether.

Q: How Much Does It Cost to Work With a Gainesville, FL Probate Attorney?

A: The cost of working with a Florida probate attorney can vary based on the complexity of your estate and case and the services you require. For example, you can expect administering a simple estate with a few accounts to be less costly than handling a complex estate with ongoing legal disputes. Florida estate planning lawyers typically charge a flat fee, an hourly rate, or a retainer fee for their services.

Q: How Long Do I Have to File a Will for Probate in Gainesville?

A: In Florida, you have 10 days from receiving word of the creator’s death to file a will for probate. As the custodian of the will, you must send it to the clerk of the appropriate court. For cases in Gainesville, that court is the Alachua County Family and Civil Justice Center. Once you file a will for probate, the court can validate it and oversee the division and distribution of assets in an estate.

Q: How Can I Protect My Assets From the Florida Probate Process?

A: There are a few different ways you can protect your assets from the Florida probate process. When it comes to your financial accounts, you can apply a “pay on death” designation that transfers your accounts to a recipient directly. You can also write rights of survivorship into any deeds for property and utilize trusts to protect your assets.

Connect With a Gainesville, FL, Probate Attorney to Discuss Your Situation Today

Florida probate can feel like a daunting process, but you can navigate it smoothly with the right Gainesville probate attorney on your side. Our goal at the Law Office of Douglas A. Oberdorfer, P.A., is to make the transfer of property as smooth and convenient as possible so everyone can move forward with their lives.

Reach out to our team to schedule an appointment so we can talk about your case in more detail.