Melbourne Probate Attorney

Probate Lawyer in Melbourne, FL

The emotional toll of a loved one’s death can feel insurmountable. Every first following their death can result in a new punch of grief. This is even more true if you are responsible for handling the legal aspect of settling your loved one’s estate. For an estate to be settled after a person’s death, it must go through probate. Unfortunately, probate can be complex, but an experienced Melbourne, FL probate attorney can help you through the process.

It can feel frightening to ask for help while handling your grief, but delegating the legal tasks can allow you to focus on healing. The Law Office of Douglas A. Oberdorfer, P.A., can step in to help you manage your loved one’s estate as it goes through probate. With more than 15 years of supporting our community through probate, we approach your case with compassion, understanding, and competence.

Probate From Beginning to End

Working with a quality probate legal team means you will have support from the beginning of the process to the end. Though there can be some differences, the typical probate process includes the following steps:

• Filing with the probate court: A petition must be filed with the probate court by the personal representative to initiate the probate process in Florida. After the petition is filed, the beneficiaries of the estate are formally notified that the estate is open.
• Identifying probate assets: Property that generally goes through probate includes property solely in the decedent’s name and financial accounts without a named beneficiary. There is a possibility that not all of the decedent’s estate will go through probate. Some property will be exempt and can be passed directly to the beneficiary, such as jointly owned property and trust assets.
• Notifying any creditors: The personal representative must notify any creditors that could have a claim on the decedent’s estate. The creditors have three months after the date of notice to file a claim.
• Valuing the estate: To settle the estate in probate, an inventory and total net worth must be determined.
• Filing and paying taxes: The estate value required to file federal taxes is high; if the estate is not valued at the limit or higher, then federal taxes do not need to be filed. However, the decedent’s personal tax filing must be completed during probate.
• Clearing debts: Money from the estate or from selling estate property must be used to pay any valid debts to creditors. If the personal representative doubts a debt’s validity, it could be contested in the probate court.
• Distributing assets: After the estate’s debts and taxes have been settled, the property in the estate can be distributed to the heirs and beneficiaries per the decedent’s wishes or Florida law.
• Closing the estate: After the decedent’s remaining property has been distributed, the personal representative petitions the probate court to close the estate. This officially terminates the personal representative’s role and ends probate.

Probate is not a simple process; even minor mistakes could result in delaying inheritance distribution and civil penalties. Working with a knowledgeable probate attorney can decrease the chances of mistakes occurring and reduce the stress you experience while progressing through probate.

Relevant Probate Terms

It is not uncommon to encounter terms you have never heard before as you navigate through the probate process. Some of these terms include:

• Formal Administration: This type of probate is the most complex and applies to most Florida estates. An estate valued at greater than $75,000 must be resolved with formal administration.
• Summary Probate: In some instances, an estate can be settled with an abbreviated form of probate. If the estate is valued at less than $75,000 and the decedent has no debt, this may be an option.
• Any property held in a trust is typically excluded from the probate process and can be passed directly to the named beneficiary. A living trust can be irrevocable or revocable.
• If an individual dies without a valid will in place, they are said to have died intestate. Their property will pass to beneficiaries according to Florida law instead of in the way the decedent may have preferred.

Every moment can feel even more overwhelming with each new word you hear. A trusted probate attorney can break these and more terms down so you understand their meaning and their implications for your case in Melbourne, FL.

FAQs About Melbourne Probate Law

Q: When Does a Will Get Filed in Florida?

A: An original copy of the will should be filed with the relevant probate court within ten days of the will’s custodian being notified of the decedent’s death. This is known as the 10-day rule. If the will is not filed timely, probate can be delayed. Additionally, the beneficiaries named in the will can file a claim stating they were financially harmed by the delayed filing.

Q: When Can an Estate Go Through Summary Administration in Florida?

A: An estate can go through summary administration in Florida if it meets the requirements stated in Florida Statute 735. Summary administration is an option if the value of the estate cannot exceed $75,000 or the decedent died more than two years prior. If the decedent has been dead for more than two years, then creditors cannot make a claim against the estate.

Q: Can a Personal Representative Distribute Assets Before Probate?

A: A personal representative cannot distribute assets before probate. Florida probate law requires that all obligations and debts of an estate be settled before beneficiaries can receive any assets. It is important to note that property placed into a trust and financial accounts with a named beneficiary upon death are excluded from probate.

Q: Can the Personal Representative of an Estate Take All the Money?

A: The personal representative of an estate cannot take all the money in the estate, but they are paid a percentage of the estate for their time and effort. The amount a personal representative is paid is typically a percentage of the estate’s value. For example, the fee rate for an estate valued under $1 million is three percent.

A Comprehensive Approach

The Law Office of Douglas A. Oberdorfer, P.A., has extensive experience supporting members of our community through probate administration. Our skilled team is ready to handle this aspect of your loved one’s passing so you can focus on yourself and your family. If you need support for a probate case, reach out to our office today

Melbourne, FL Probate Resources

• How Much Does A Probate Lawyer Cost in Florida?
• How Long Do You Have To File Probate After Death In Florida?
• How To Avoid Probate in Florida?
• Probate Process In Florida Without A Will
• How Long Does Probate Take Without Will In Florida?