The Villages Probate Attorney

Probate Lawyer in The Villages, FL

Whether sudden or expected, the grief that follows losing a loved one can be immense and cloud your ability to function. Learning how to live in a reality without your loved one is already difficult, but it can become even more so while handling the legal aspects of your loved one’s passing. Part of the legal aspect could involve probate to settle their estate. Probate is not a simple process, but fortunately, an experienced The Villages probate attorney can help.

The Law Office of Douglas A. Oberdorfer, P.A., can help reduce the stress associated with probate. Regardless of the circumstances of your loved one’s death, we can support you through the process of seeing their estate through probate. With over 15 years of experience supporting our community members through probate, you can rest assured that we will use compassion and competence while handling your case.

Probate Support From Start to Finish

Probate is far from being a simple item you can mark off a checklist; it is a complex legal process used to ensure the decedent’s wishes are followed for their estate. There are several steps involved with probate, and each must be properly conducted to avoid issues or penalties. These steps include:

• Filing with the probate court: The personal representative should file a petition with the probate court to begin the probate process. All legal heirs and beneficiaries will receive formal notice that the decedent’s estate is open.
• Identifying probate assets: Not every part of an estate is subject to probate. What is typically included is property belonging only to the decedent, such as a vehicle, bank accounts, personal valuables, or real estate. Jointly owned property, trust assets, and bank accounts with named beneficiaries are excluded from probate.
• Notifying any of the decedent’s creditors: It is the personal representative’s responsibility to notify all of the decedent’s creditors that the estate is open through direct notice and posting a formal Notice to Creditors in the newspaper.
• Valuing the decedent’s estate: The total net worth must be determined in order to complete probate.
• Filing and paying taxes: Many estates do not meet the threshold to pay federal estate taxes, but this is an important step if the estate does meet the limit. Additionally, the individual’s personal tax return should be completed by the personal representative.
• Paying debts: Using available money from the estate, any valid debts should be paid. Any debts that are not believed to be valid can be challenged during this time.
• Distributing assets: Once the debts and taxes have been paid, the estate can be distributed to the decedent’s beneficiaries. Assets that are not specifically bequeathed are generally sold, and the proceeds are distributed.
• Estate closure: Once the property has been appropriately distributed, the probate court is petitioned to close the estate, and the probate is officially ended.

Our team stands ready to support you through every step of the probate process in Florida. We can help you navigate the process and anticipate any potential issues that could arise.

Important Probate Terms

One of the things that makes the probate process so complex is the legal jargon used. Many of the terms used in probate are not frequently used outside of this legal area. In order to help clear some of the confusion, some of the more common probate terms are listed below:

• Decedent: The individual who has died
• Next of kin: The closest living relative under Florida law
• Beneficiary: An individual or organization that has been named in a document, like a will or trust, to receive a portion of an estate.
• Abatement: Reducing gifts stated in a will to cover expenses, satisfy debts, or fulfill bequests that are prioritized under Florida law.
• Contempt of court: Any behavior that disrespects the court or, if a court’s order is disrespected, is termed contempt of court. It can be penalized with imprisonment, fines, and other punishments.

A knowledgeable probate attorney can delve further into applicable terms for your case in The Villages, but a basic understanding can help reduce some of the stress and anxiety of probate.

FAQs About The Villages Probate Law

Q: Is the Personal Representative of an Estate Paid?

A: The personal representative of an estate in Florida is paid a percentage of the estate’s total value. If the value is under $1 million, the fee rate is three percent. An estate valued between $1 million and $5 million has a fee rate of two and a half percent. A fee rate of two percent applies to estates valued between $5 million and $10 million. Estates valued above $10 million have a fee rate of one and a half percent.

Q: Do I Need to Work With a Probate Attorney After My Loved One Dies?

A: There is no requirement to work with a probate attorney if your loved one dies and their estate goes through probate. However, it is often recommended to work with an attorney. One of the major benefits a probate attorney can offer is reducing the time spent in probate court. The Fifth Judicial Court serves more than 1.3 million individuals and receives an excess of 160,000 court filings each year. Streamlining the process is crucial for a timely conclusion.

Q: What Is the 10-Day Rule for Probate in Florida?

A: The 10-Day Rule for probate in Florida states that the custodian of a will must submit the original copy of a will to the applicable clerk of the Court within ten days of being informed the testator had died. A failure to submit the will within this time period can result in legal consequences, such as having a claim filed by beneficiaries who are financially damaged by the delay or being criminally charged if hiding the will for financial gain.

Q: How Much Does Probate Cost?

A: The total probate cost is dependent on several factors. The provisions of the will, the number of beneficiaries, and the value of the estate will impact the total cost. Additionally, there will also be court filing fees, executor fees, attorney fees, and even fees to notify some creditors. Any challenges to the will can significantly increase the cost of the probate process.

Settling Your Loved One’s Estate

Dealing with probate while living through the emotions from the personal loss can feel overwhelming. The Law Office of Douglas A. Oberdorfer, P.A., was created to serve our community and handle these cases with understanding and proficiency. Our goal is to handle your case so you can focus on healing.

If you are facing the probate process or even want to create an estate plan, reach out to our office today to see how we can help.

The Villages, FL Probate Resources

• How Much Does A Probate Lawyer Cost in Florida?
• Florida Probate Laws
• How To Avoid Probate in Florida?
• What Assets Are Exempt from Probate in Florida?
• Probate Process In Florida Without A Will
• How Long Does Probate Take Without Will In Florida?