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Probate
Probate Lawyer
Probate laws are complicated. It can be exhausting to inventory assets while dealing with creditors, taxes, and beneficiary disputes. Selis Law Firm can help you with the administration of a loved one's estate, or help you plan your own estate smartly with probate in mind. Learn how our law firm helps the elderly population in Florida with probate court matters.
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What Is Probate?
In the most basic terms, probate refers to the legal process of settling a deceased's estate. During the process, certain assets are inventoried, outstanding debts and taxes are paid, and the remaining balance is distributed. Probate can occur whether or not the deceased has a will.
Gathering the Deceased's Assets
Only certain assets are processed through probate court. Probate assets are any of the deceased's individual assets. These are assets in their name only, and with no named beneficiaries. Examples of probate assets include real estate, vehicles, bank accounts, and other solely owned titled assets.
Paying Debts and Taxes
After the deceased's inventoried assets are gathered, the assets will then be used to pay the deceased's outstanding debts, such as loans, credit cards, mortgages, and even funeral costs. A tax return must also be filed for the deceased, and any estate taxes that are due must be paid.
Distributing the Estate
When all creditors have been paid and taxes settled, the remaining assets are then distributed among the beneficiaries, with transfers of deeds and titles as needed. There are different methods of distributing the remaining assets depending on the presence of a valid will by the deceased.
Understanding Probate Law
Jointly Owned Property
Since only individual assets are subject to probate, joint ownerships do not have to go through court. One estate planning strategy a probate lawyer may recommend is setting up a sound joint tenancy, so the assets automatically go to the surviving owner or owners. A tenancy by the entirety can be set up for married couples.
Why You Need a Probate Attorney
How Selis Law Firm Can HelpSmart Estate Planning to Avoid Probate
If you are elderly and would like to minimize the hassles of probate, Selis Law Firm offers smart estate planning done right. Whether it's establishing a revocable trust or joint ownership of property, our law firm can make sure your loved ones receive the assets you want them to.
Breaking Down Complicated Legal Concepts
Without a probate lawyer, you may feel lost in the intricacies of probate law. Working with a lawyer you can trust means you can ask for clarification whenever it's needed, and as many times as you need. We will translate legalese into a language you can understand.
Open, Honest, Accessible Communication
Communication with a skilled probate attorney at Selis Law Firm is both safe and convenient. Whether on the phone, over the internet on video chat, or in person if you are unable to leave your home, you can speak with a probate lawyer who will listen and who cares.
We Do More Than Just Paperwork
Some probate lawyers simply fill out paperwork and sort out the estate with minimal effort. At our law offices in Ormond Beach and Palm Coast, serving Volusia County, Flagler County, and beyond, we approach your probate case with compassion. We care about your needs and goals, not just the process.
Learn More About the Probate Process
The probate process is often complicated and emotionally exhausting, which is why it's important to work with a lawyer who is familiar with probate law as well as the intricacies of wills and trusts.
Attorney Scott Selis offers the guidance you need. He has helped many elderly clients, offering easy-to-understand explanations about probate law and what to expect in court.
We serve out-of-state clients, as well as those in Flagler County, Volusia County, and other areas of the state. If you would like to speak with a probate attorney who keeps his clients informed, contact Selis Law Firm online or call our offices in Ormond Beach and Palm Coast at 866-735-3377.
Types of Probate Administration
There are three ways an estate can be settled in the state of Florida. Our law firm can recommend the best type for your situation.
Formal Administration
Formal administration is the most common or "normal" kind of probate process. Florida state law requires formal administration when the decedent's non-exempt assets exceed $75,000, and when less than two years have passed since the decedent's death.
Summary Administration
Summary administration is used when the decedent's probate estate is less than $75,000 or if the decedent died more than two years ago. Given the name, these kinds of probate cases tend to proceed much faster than formal administration proceedings.
Disposition Without Administration
Disposition without administration is for cases in which the decedent's funeral and medical expenses within 60 days of their death exceeds probate assets. In addition, the decedent's probate assets must not be real estate and must be exempt from creditors.
Additional Types of Probate
Domiciliary vs. Ancillary
Domiciliary probate refers to a decedent's assets that are located in Florida when the decedent was a Florida resident.
Ancillary probate refers to assets located in Florida but the decedent is not a Florida resident. A lawyer can offer guidance with these assets, how they should be reported, and the multiple court filings that may be required.
Probate With and Without a Will
While a will is helpful during the probate process, decedents do not always draft a will or have an estate plan. When one is not present, the distribution of assets is determined by the state of Florida's intestacy laws.
With a Will
The personal representative executes the will to the best of their ability. In the will, the decedent specifies which assets are distributed to specific beneficiaries.
Without a Will
Property will still go to the decedent's heirs based on the state's intestacy laws of succession. A surviving spouse is among the first beneficiaries.
What About Trusts? Avoiding Probate Court
Assets in a revocable or "living" trust do not go through the probate process. The trustee will distribute assets to the beneficiaries who are named in the trust agreement. Our law firm in Ormond Beach and Palm Coast can help you create a trust and assist with other estate planning needs.
Speak With an Insightful Probate Attorney
Whether you're struggling with the complexities of Florida probate law or trying to wisely plan your estate, the team at Selis Law Firm can help. Our offices in Ormond Beach and Palm Coast serve clients throughout Volusia County and the entire state of Florida. Our law firm will stand by your side and have your back. We encourage you to schedule a consultation online or give us a call.
The Probate Process
What to Expect During Formal AdministrationMeeting With a Lawyer
After a loved one's passing, it's a good idea to speak with an attorney. Your lawyer can help obtain any documentation necessary for the process. If you are a personal representative for the decedent, our law offices in Ormond Beach and Palm Coast can assist with your responsibilities and answer your questions about executing the decedent's will in accordance with Florida law.
Filing a Petition With Court
The probate case officially begins when the personal representative files a Petition for Administration with supporting documentation. This should be filed with the court in the county in which the decedent resided.
Notifying Creditors
The personal representative then notifies creditors of the decedent's passing and that their estate is now open. This can be done directly, though the personal representative must also publish a Notice to Creditors in a local newspaper in the county where the estate is being executed. The notice must run once a week for two consecutive weeks.
Inventory of Assets
The personal representative must compile an inventory of the decedent's assets. The value of these assets must also be calculated. This information is then filed with the court.
Paying the Decedent's Debts
The decedent's debts are paid using available cash from the decedent's estate account. If there is not enough cash on hand, the personal representative can sell the decedent's property in order to satisfy the outstanding debt.
Filing the Decedent's Taxes
A final income tax return is filed for the decedent, and any estate taxes are paid. The personal representative could personally face penalties if this final tax return is filed incorrectly. Having a probate lawyer help with this process is crucial for avoiding costly mistakes.
Distributing the Remaining Assets
With all debts paid, taxes settled, and records of all transactions compiled, the personal representative can then distribute the remaining assets in accordance with the decedent's will.
Closing the Estate
Once all of the decedent's assets have been distributed, the personal representative files a petition to discharge themselves as a fiduciary and officially close the estate.
Serving Flagler County, Volusia County, and the Entire State of Florida
Without legal guidance, probate can easily add to the emotional distress involved in the loss of a loved one. Attorney Scott Selis can assist people from Flagler County, Volusia County, and other areas of Florida in resolving probate issues in the most favorable and efficient way possible.
Contact Our Elder Law Practice
If you've lost a loved one or are planning your estate, you need a knowledgeable lawyer on your side to prepare for any issues with the probate process. Selis Law Firm stands with the elderly community of Florida, and can provide compassionate counsel while an estate is being settled. To discuss your situation with a probate attorney who will listen to you, contact Selis Law Firm online or call our offices at 866-735-3377.
Disputes During the Probate Process
Disputes may arise among beneficiaries, heirs, and other parties who had relationships with the deceased. If you want to contest any aspect of a probate case, it's imperative that you consult an attorney.
Challenging the Will
You and your probate lawyer may challenge the will, particularly if it seems to be the product of fraud, forgery, or undue influence. You can also challenge the improper execution of the will.
Challenging a Trust
When challenging a trust, you may allege that it is unfairly written, or that it was the product of fraud, the mental incapacity of the grantor, or undue influence by another party.
Financial Abuse
Financial abuse is a type of elder abuse that could affect various aspects of an estate and asset distribution. An attorney can hold the abusive party accountable.
Mediation or Litigation
Probate lawyers have different methods of resolving disputes in probate cases. Mediation avoids going to court, and involves a third-party mediator who facilitates a negotiation between the attorneys for the parties in conflict. If the attorneys cannot reach a mutually agreeable compromise, the dispute will head to court for litigation.
A Probate Glossary
We are dedicated to providing clients throughout Volusia County and the state of Florida with the guidance they need to protect their best interests as they navigate probate.
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