What Is Probate And How Can It Affect Me?

Probate is the legal process, following a person’s death, whereby the accurate compilation of the decedent’s assets, notification of creditors, payment of liabilities, and distribution of the remaining assets to rightful heirs are properly ensured. If you have suffered the loss of a family member, the word “probate” is probably just another of the myriad details with which you are forced to deal at this difficult time in your life. While certain items – such as jointly held property and non-taxable gifts made not exceeding $11,000 during the deceased’s lifetime – are not subject to probate, the legal process largely applies in most cases. There is a prevalent misconception that a decedent’s estate can only go through probate if there is no will in place, but if the estate is large enough and a valid plan is not in place for avoiding probate, the estate may go through the process regardless of the existence of a will.

The probate process typically encompasses a number of steps, and can range from the simplest matters to protracted court battles involving significant amounts of time and considerable money. Not all probate proceedings are alike, however, as our State probate law recognizes several different processes, depending on the specific circumstances involved in each particular case. This is why it is of utmost importance to have a qualified, experienced attorney involved as early as possible in the probate proceedings. The Probate Lawyers at the Fenstersheib Law Group, P.A. have successfully handled hundreds of South Florida cases over the past three decades, and are ready to assist you in ensuring that your loved one’s properties and assets are distributed according to his/her wishes, as quickly as possible. Contact us at 1-800-TellRobert for a free initial consultation and outline of the necessary steps and different alternatives available in the probate process. Our phones are answered 24 hours a day, 7 days per week.