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Frequently Asked Questions about Estate Planning and Probate

Probate is a notoriously complex process. Fortunately, when you work with Michael T. Heider, P.A., you can get answers to all your questions about estate administration, probate and related legal topics. We bring extensive experience to the probate law services that we provide to clients throughout Florida. On this page, you can read answers to some of the questions we hear most often.

Probate is a legal process in which the court verifies a deceased person’s will and oversees the distribution of their assets. High-value estates in Florida must go through an extensive process called formal administration. Estates worth $75,000 or less, though, do not have to go through this. Instead, they go through a less-intensive process called summary administration.

Formal administration usually takes six to nine months. Summary administration often wraps up in a few weeks. However, if a dispute arises among beneficiaries or other parties, both types of probate can take much longer.

 

The court appoints one person called a personal representative (also called an executor) to oversee the formal probate administration. Sometimes, the decedent names a personal representative in their will. If not, the court usually selects the surviving spouse or one of the heirs.

If a conflict emerges among the surviving relatives or beneficiaries, it sometimes requires a lawsuit to resolve it. Most disputes revolve around breach of fiduciary, undue influence or some other suspicion of wrongdoing. Usually, the parties resolve a dispute without a trial.

There are several steps that you can take to avoid probate or reduce its impact, such as:

  • Making a living trust
  • Putting property under joint ownership
  • Adding payable-upon-death designations to bank accounts
  • Registering stocks and bonds, real estate titles, and vehicles as transferable-upon-death

Proactive planning with an estate law attorney is the key.

Get More Probate Questions Answered

At Michael T. Heider, P.A., our Florida probate lawyer is here to address any questions you may have regarding probate matters. Contact us today for a free, no-obligation consultation. Call our Clearwater office at 727-235-6005 or email us to get started.