Why Do I Need Probate Lawyers?
Death can bring a wide range of emotions along with it. Having to go through the legal process without probate lawyers can become a complicated process.
For those overwhelmed by the prospect of navigating this complicated process, understanding what exactly a probate entails and why it’s necessary can make all the difference.
Contact Lacey Lyons Rezanka for help. We will guide you through this process making it easier for you and your family.
What is Probate?
Probate is a legal term used to describe the process of distributing a deceased person’s assets and transferring ownership of their property.
Assets can include bank accounts and other financial institution accounts that will be distributed to their beneficiaries.
In probate court, it’s monitored by probate lawyers who ensure that all paperwork is filed correctly to transfer legal ownership of the affected property.
It can also involve the following:
- Assessing the validity of the will
- Filing tax returns
- Making arrangements for creditors to be paid
- Sale of a house or property
- And more!
Probate is one of the ways that we legally recognize and enforce the last wishes of the deceased.
With our probate attorneys on your side, you can trust that after a loved one has passed away, their estate will be protected in accordance with their wishes!
Who is Involved in the Probate Process?
It’s essential to ensure that all those involved in the probate process are properly informed of the steps they need to take.
The process includes:
- Probate lawyers
- Personal representative (also known as an executor)
- Beneficiaries of the estate
- Those filing claims
- And others!
The probate lawyers at Lacey Lyons Rezanka will be able to advise on how to best handle probate matters and provide expertise throughout the process.
This is especially helpful as probate proceedings involve both personal documents and legal paperwork related to the deceased’s assets.
Executors make sure that executor duties are carried out appropriately according to state law, while trustees manage trust accounts and distribute funds in accordance with a trust deed.
Everyone who is involved must work together in order for the probate process to run efficiently and effectively in accordance with Florida state regulations.
Types of Probates
Probate is a type of legal process that takes place when someone passes away, and there are assets to administer.
Depending on the complexity of the probate, the estate may need to probate through different types of courts, which could involve probate lawyers.
This type of probate is known as formal administration, with a formal proceeding that addresses contentious probating issues among heirs.
Summary administration is generally granted if no objections are raised against the estate being probated.
Small estate probate is retained for estates with no real property or for estates that contain minor value assets such as bank accounts or family heirlooms.
Depending on your situation, you may need guidance from experienced probate lawyers to determine which type of probate applies in your case.
Mistakes to Avoid When Filing for a Probate
Filing probate is a detailed process, so it’s essential to understand the process thoroughly to avoid making mistakes.
Common probate errors include:
- Not consulting probate lawyers prior to filing
- Untimely filing of documents
- Inaccurate accounting of assets and liabilities
- Failure to probate assets properly
It’s best practice for heirs and executors to seek out experienced probate lawyers in order to ensure that probate proceedings are processed accurately.
Probate attorneys understand how probates work, offer helpful advice on handling difficult matters, catalog probatable assets efficiently, and secure applicable documentation.
Neglecting any of these steps can result in costly errors in the amount of time invested in obtaining probate, as well as costly penalty fees.
By taking careful measures with the assistance of probate lawyers, beneficiaries should plan ahead to avoid common pitfalls.
Why Seek a Probate Lawyer?
Gaining an understanding of the comprehensive steps involved in the probate process will put your mind at ease during this challenging period.
That’s why it’s essential to understand the different types of:
- Identify which applies to your case
- ensure that mistakes are avoided throughout the entire duration for optimum success
There are no two cases alike, and it is highly recommended to seek assistance from experienced probate lawyers at Lacey Lyons Rezanka.
6023 Farcenda Pl
Melbourne, FL 32940
290 US Highway 1
Rockledge, Fl 32955