Flagler Beach Probate Attorney

Probate Lawyer in Flagler Beach, FL

It’s never too early to begin planning for the later stages of your life. Protecting your finances and other assets is critical at any time in life, and estate planning can help you secure your financial future and plan for what happens to your wealth once you’ve passed on. An important aspect of estate planning to consider in Florida is how to navigate probate. Fortunately, a Flagler Beach probate attorney can help you with this process.

At the Law Office of Douglas A. Oberdorfer, P.A., we’re committed to providing smooth and easy estate administration. Whether you are actively getting ready to go through probate or looking for ways to avoid it, our team can help you through any issues with an estate in Florida.

The Probate Process in Flagler Beach

The probate process can be long and costly. Typically, all of a decedent’s assets must go through probate in Florida unless they took steps to protect them from this legal process.

Once you file a decedent’s will for probate, the Flagler County probate court assigns a personal representative for the case. If the estate already has an executor, you can expect this person to be appointed. That representative is then responsible for identifying and collecting assets as well as distributing them and paying off any debts.

A Simpler Way to Go Through Probate in Flagler Beach

If you have a small and simple estate, you may be eligible for summary administration, which is a streamlined version of the Florida probate process. Estates eligible for summary administration typically include those that belong to a decedent who has been dead for two years or longer or those that have property values not exceeding $75,000.

Working With a Flagler Beach Probate Attorney

The death rate in Flagler County has been on a slight decline in recent years, with the death count coming in at 1,747 in 2023. It hit its highest in 2021, with 1,842 deaths, and began dropping after that. Overall, deaths have been on the rise over the past 20 years. Back in 2004, only 766 deaths were reported.

Death is a natural part of life, and it continues to be a prevalent statistic in Flagler County. The courts in Flagler County reported 661 probate cases in fiscal year 2021-22. At the Law Office of Douglas A. Oberdorfer, P.A., we aim to make the estate administration process as simple and stress-free as possible.

We can help you understand the terms of an estate as well as how to protect assets from having to go through probate in the first place, so you can save time when it’s time to distribute everything amongst the beneficiaries and heirs of an estate.

Recent Updates to Probate Law in Florida

Recent updates to Florida’s probate law have been positive on the whole. Florida House Bill 923 strengthens spouses’ rights to an inheritance in situations where creditor claims are impeding the probate process.

The state also adopted rules that protect spouses who move from a community property state to Florida later in life after their partner has passed away.

Other key changes to the estate administration laws in Florida include:

• Addition of digital assets in petitions for summary administration
• Higher maximum value for estates that qualify for summary administration
• More paperwork for probate cases involving minors

When you work with a talented Flagler Beach probate attorney at the Law Office of Douglas A. Oberdorfer, P.A., you don’t have to be responsible for understanding estate laws in Florida. Instead, you can focus on grieving the loss of your loved one while we handle the complexities of the case.

FAQs About Flagler Beach Probate

Q: What Assets Must Go Through Probate in Flagler Beach?

A: Typically, almost all assets must go through probate in Flagler Beach when a decedent passes away. That said, you can implement certain estate planning tools and strategies to make your assets exempt from Florida probate. You can typically do this by adding “pay on death” designations to bank accounts, placing assets in trusts, and using rights of survivorship.

Q: Can a Bank Release Funds Without Probate in Flagler Beach?

A: Typically, a bank cannot release funds without probate in Flagler Beach. The bank accounts of a decedent must go through the probate process when it comes time to settle their estate. You can, however, designate a Payable-on-Death (POD) or Transfer-on-Death (TOD) beneficiary on your financial accounts, which allows funds to be transferred directly to them upon your death. Rights of survivorship also allow a surviving spouse to access bank accounts without probate.

Q: How Long Do I Have to File for Probate After Someone Passes Away in Flagler Beach?

A: In Flagler Beach, you must file for probate within 10 days of discovering the estate creator is dead. From that point on, creditors typically have two years to file claims for any debts on the estate. Once you file the decedent’s will, the court appoints a personal representative for the case, who is typically the executor. That person identifies and oversees the distribution of all property.

Q: Can an Estate Be Settled Without Probate in Flagler Beach?

A: Yes, there are certain situations wherein an estate can be settled without going through the probate process in Flagler Beach. Small estates can be settled through a simplified process called summary administration. In these situations, it can still be helpful to work with a Flagler Beach probate attorney because they understand how to navigate estate administration and can assist with any part of the process.

Secure Your Future With a Flagler Beach Probate Attorney Today

When it comes time to settle an estate in Flagler Beach, Florida, it’s beneficial to work with a Flagler Beach probate attorney that you can trust. Navigating the death of a loved one is hard enough without considering all the legal implications that come along with their passing.

A probate lawyer can ensure the process runs smoothly so you can have access to the inheritance that is rightfully yours as soon as possible. The Law Office of Douglas A. Oberdorfer, P.A., has years of experience handling complex probate cases in Flagler Beach and beyond. If you’re ready to talk about your case in more detail, call us to set up a consultation today.