Ocala Probate Attorney

Probate Lawyer in Ocala, FL

When a loved one dies, one of the last things you may be thinking about is what to do with their belongings. As difficult as it may be, it’s important to understand how the transfer of a decedent’s assets works in Florida after their death. An Ocala probate attorney can help guide you through probate to ensure a smooth process. Moreover, they can share estate planning strategies you can use to avoid probate altogether.

At the Law Office of Douglas A. Oberdorfer, P.A., we’re committed to handling the nuances of the probate process so you can focus on moving forward without too much stress added to your plate.

What Is Probate in Ocala, FL?

Probate is the legal process of validating a will to transfer property from a decedent to anyone legally entitled to receive the inheritance. The probate process in Florida can often be time-consuming and complex. It’s beneficial to work with an Ocala probate attorney who is familiar with the procedures and can guide you through them with ease.

Oftentimes, people can enjoy a smoother transition of assets by using estate planning tools to avoid the probate process altogether. Your Ocala probate attorney can help you explore these options, too.

How To Avoid Probate in Ocala

The simplest way to avoid probate in Florida is to engage in careful estate planning throughout your life. Typically, all of a decedent’s assets must go through probate in Florida unless the property has a named beneficiary, rights of survivorship, or is in a trust.

Assets that can have a named beneficiary include things like bank accounts with a “pay on death” designation, life insurance payouts, and retirement accounts.

Property with rights of survivorship includes any real property that has a deed stating a surviving co-owner gets full ownership upon their death. This is typically a default judgment in Florida in cases where both spouses purchased a property together, and one spouse passes away.

When you place your assets in a trust, they are to be transferred to the successor trustee once you pass away. With this outlined in your trust, you can avoid the probate process and let your trustee divide all property and other assets to any beneficiaries or heirs.

Benefits of Working With an Ocala Probate Lawyer

The death count in Marion County has been on a slow decline since it hit its peak in 2021, with 7,068 fatalities. From 2004 until 2021, the number of deaths in the county had been on the rise. Now, those numbers are slowly decreasing once more, with the county reporting 6,245 deaths in 2023.

A big part of preparing for your future and eventual death is estate planning. This way, you can secure your finances and other assets for the rest of your life and rest assured that they are going to the right people upon your death.

Whether you’re settling a simple estate with a few accounts or a complex one with many assets and debts to sort through, you can count on an Ocala probate attorney to get you through the process.

Accidents or unintentional injuries are among the top five leading causes of death in Florida. The unexpected can happen at any time, and it’s beneficial to be as prepared as possible when it does. That’s why it’s never too early to start estate planning.

There were 6,752 probate cases filed in the Florida Fifth Judicial Circuit courts in fiscal year 2021-22. There were 2,144 in Marion County specifically. At the Law Office of Douglas A. Oberdorfer, P.A., we’re committed to resolving these cases in a timely manner and ensuring our clients get access to the assets to which they are entitled.

FAQs

Q: What Is the Average Cost for an Ocala Probate Attorney?

A: An Ocala probate attorney may charge different fees depending on the complexity of your case, their experience level, and the services you require. An experienced lawyer won’t be able to give you a reliable estimate without hearing more about your situation first. You can expect estate planning lawyers to charge a flat fee, an hourly rate, or a retainer.

Q: What Assets Must Go Through Probate in Ocala?

A: In Ocala, Florida, all of a decedent’s assets must go through probate unless they meet certain exemption requirements. This includes bank accounts with a “pay on death” designation, property with rights of survivorship, and assets placed in a trust. An Ocala probate lawyer can inform you about different estate planning strategies you can employ to protect your assets from the often costly and time-consuming probate process.

Q: What Is Summary Administration in Ocala?

A: In the city of Ocala, summary administration is a simplified process that allows an estate to move through probate quickly. You can take advantage of this if you have a small estate, typically below $75,000, or if the decedent has been dead for two years or more.

You must file a petition with the Marion County Probate Court that lists the assets of an estate and outlines the plan for distribution. You must still file a notice for creditors so they can claim any debts on the estate before it closes.

Q: What Is the Difference Between an Estate Planning Lawyer and a Probate Lawyer in Ocala?

A: A probate lawyer is essentially a type of estate planning lawyer that focuses specifically on probate law in Ocala. In contrast, there are many facets of an estate that an estate planning lawyer can assist with, including asset protection, estate tax planning, guardianship designation, probate avoidance, trust establishment, will drafting, and more.

Get in Touch With an Ocala Probate Attorney to Discuss Your Options Today

Whether you need help going through probate or you want to protect your assets to avoid the process altogether, you can count on our skilled team at the Law Office of Douglas A. Oberdorfer, P.A., to be there for you.

Our attorneys have a deep understanding of Florida probate laws, making us an invaluable asset to have on your side to protect your assets. If you’re ready to talk about your estate planning situation in more detail, reach out to our office to set up an appointment with our team today.