Titusville Probate Attorney

Probate Lawyer in Titusville, FL

The loss of a loved one is likely to be life-altering in ways that cannot be understood until you are experiencing it. In addition to the personal and emotional aspects that come with the loss, you may also need to deal with legal aspects like probate for your loved one’s estate. Speaking with a Titusville probate attorney can provide a sense of calm in the storm you are experiencing.

Allowing a stranger to step into your grief, even to handle the legal aspects of probate, can be daunting. The Law Office of Douglas A. Oberdorfer, P.A., understands how difficult it can be to ask for help and approaches every probate case with compassion and experience. Our goal is not only to competently handle your probate case but also to assuage your concerns throughout the process.

The Probate Process From Start to Finish

Probate is a complicated process; even minor mistakes can have a significant impact, including delayed property disbursement and civil liability. Understanding the process is the first step in correctly handling it, but it is important to note that you do not need to navigate it alone. The major steps in probate include:

• Filing with the probate court: The personal representative filing a petition with the probate court begins the probate process in Florida. Once the petition is filed, the heirs and beneficiaries will be formally notified that the decedent’s estate is open.
• Identifying probate assets: Not all of a decedent’s property will need to go through probate. Property that is generally subject to probate typically includes vehicles, real estate, personal valuables, and bank accounts without a named beneficiary. Examples of excluded property include trust assets and jointly owned property.
• Notifying the decedent’s creditors: The personal representative is required to notify the decedent’s creditors that the estate is open. Creditors generally have three months from the date of notice to file a claim against the estate.
• Valuing the decedent’s estate: An inventory must be created, and the total net worth of the estate must be determined.
• Filing and paying taxes: The decedent’s personal tax return should be submitted by the personal representative before probate closure. If the estate value does not exceed the federal exemption limit, then federal taxes will not need to be filed.
• Paying debts: Using money from the estate, the personal representative must ensure that any valid debts are paid. Claims not deemed valid by the probate court can be contested.
• Distributing assets: Once obligations like taxes and debts have been paid, the remaining assets can be distributed to the heirs and beneficiaries according to the will or Florida law.
• Estate closure: After the estate property has been distributed, the personal representative submits a petition to the probate court to close the estate and release them from their position.

Understanding the process is the first step in correctly handling the probate, but it is important to note that you do not need to navigate it alone. A skilled Titusville probate attorney can provide valuable insight and legal knowledge throughout probate.

Types of Probate

There are three types of probate in Florida:

• Formal Administration: This type is the most complex type of probate and applies to most estates in Florida. It is required in any estate valued at over $75,000 or any time a personal representative needs to settle the decedent’s affairs.
• Summary Administration: Summary administration is an abbreviated form of probate court. It can be used when the estate is not valued at or above the formal administration threshold, and the decedent does not have any debt. It can also be used if the decedent died more than two years before probate began, as creditors cannot make a claim to collect a debt against the estate.
• Disposition Without Administration: In very limited cases, an estate can avoid probate hearings if there is no real estate in the estate and the expenses to settle the estate are greater than the total value of the estate.

FAQs About Titusville Probate Law

Q: Can You Skip Probate in Florida?

A: There are some routes that can be used to skip probate in Florida, but it typically requires a thorough estate plan. The most effective way to avoid probate in Florida is to ensure the property is probate-exempt. Any property placed into a trust or jointly owned property with a succession of ownership does not need to go through probate. Bank accounts or other financial accounts with a specified beneficiary also avoid probate.

Q: Can a House Be Sold While in Probate in Florida?

A: A house can be sold while in probate in Florida, but specific requirements must be met first. If approved by the probate court, the personal representative can list the property for sale and will oversee the process. Following the sale, the personal representative will distribute the proceeds either to creditors or beneficiaries. It is important to note that mortgage payments must continue to be paid until the sale of the home is finalized.

Q: What Assets Need to Go Through Probate?

A: Assets that typically need to go through probate are those owned solely by the decedent at the time of death or jointly owned property that does not have an automatic succession of ownership at death provision. Bank accounts and insurance policies without named beneficiaries are also probate assets. There are ways, however, to reduce the amount of property subject to probate by creating trusts and naming beneficiaries to some account types.

Q: How Long Does Probate Take?

A: The time your loved one’s estate will spend in probate depends entirely on the specific circumstances. If your loved one left a valid will that is not challenged, then probate is likely to take less time to resolve. If there is no will, there is property that must be sold, or the estate is complex, then it will generally take longer to resolve in Titusville, FL. The shortest the probate can last is three months to allow for the creditor claim period.

Supporting Our Community Through Probate

The Law Office of Douglas A. Oberdorfer, P.A. was built on the premise of family and supporting our community. Over the last 20 years, we have built an immense knowledge base and strong reputation that allows us to give our clients peace of mind while handling their probate cases.

If you are facing probate for a loved one or even want to create an estate plan to protect your loved one from probate upon your death, contact our office to see how we can support your needs and goals.

Titusville, FL Probate Resources

• Probate Lawyer Cost in Florida?
• Probate Laws 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?
• How Long Do You Have To File Probate After Death In Florida?