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What is Probate, and Do You Need an Attorney?
Probate is the court-supervised legal process of managing and distributing a person’s assets after they have passed away.
The primary purpose of probate is to ensure that your loved one’s final debts and taxes are paid and that their remaining assets are legally transferred to the correct heirs, either according to their will or, if no will exists, according to Florida law.
While very simple estates may not require legal counsel, a probate attorney is essential in most cases. We ensure all complex legal documents are filed correctly and on time, protect the executor from personal liability, and help prevent costly mistakes or family disputes that can arise during this stressful time.
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Our Probate Administration Services: We Handle Every Step
When you are grieving the loss of a loved one, the last thing you need is the burden of a complex legal process. Our firm is here to lift that burden from your shoulders. We can manage every step of the probate administration, including:
- Filing the petition with the court to open the probate case.
- Legally notifying all heirs, beneficiaries, and potential creditors.
- Identifying, inventorying, and appraising all estate assets.
- Managing the estate’s finances, including paying final bills and taxes.
- Responding to and resolving creditor claims against the estate.
- Coordinating the sale of estate property, such as real estate.
- Preparing and filing all necessary court documents and accountings.
- Distributing the remaining assets to the rightful heirs and beneficiaries.
- Filing the final petitions to formally close the estate.
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The Probate Process in Florida: A Clear Overview
The probate process can seem overwhelming, but it follows a structured path. While every estate is unique, here is a general overview of the steps involved in Florida.
Step 1: File the Petition & Appoint a Representative
A petition is filed with the court, and the will (if one exists) is submitted. The court formally appoints a “Personal Representative” (also known as an Executor) to manage the estate.
Step 2: Inventory the Estate & Notify Creditors
The Personal Representative must identify, catalog, and determine the value of all estate assets. At the same time, a legal notice is published to inform potential creditors, who then have a limited time to file a claim.
Step 3: Pay Debts, Taxes, & Claims
The Personal Representative uses estate funds to pay all valid creditor claims, final income and estate taxes, and any administrative expenses.
Step 4: Distribute Assets to Heirs
After all debts and expenses are paid, the remaining assets are distributed to the heirs as named in the will or as determined by Florida’s intestacy laws if no will exists.
Step 5: Close the Estate
A final accounting is filed with the court showing all financial actions taken. Once the court approves, the Personal Representative is discharged from their duties, and the estate is formally closed.
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Feeling overwhelmed? We can manage this entire process for you.
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Guidance for Personal Representatives, Heirs, & Families
We provide focused legal counsel for every party involved in the probate process.
For Personal Representatives (Executors): If you’ve been named the executor, you have a legal “fiduciary duty” to manage the estate correctly. This role comes with significant responsibilities and potential personal liability. We protect you by ensuring every action you take is compliant with Florida law, from start to finish.
For Heirs & Beneficiaries: If you are an heir, you have a right to information and to receive your rightful inheritance. If you are concerned about the management of the estate or feel your interests are not being protected, we can represent you to ensure fairness and transparency.
For Out-of-State Clients: It can be extremely difficult to manage a Florida probate case when you live out of state. We can serve as your local representative in the area you need, handling all court appearances, administrative tasks, and local logistics on your behalf.
Frequently Asked Questions
Your Partner in a Difficult Time
For more decades, families and fiduciaries across Florida have relied on Barnes Walker for practical, compassionate legal representation during difficult times.
We specialize in probate matters with attorneys who are well versed, experienced and board certified to help you through the process.
We understand the emotional and financial stress you are under, and we approach every case with the preparation, discretion, and respect you deserve.
Probate Attorneys
Recommended expertise and care in probate service needs.
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Get a Clear Path Forward Today
You don’t have to navigate this complex legal process alone while you are grieving. Our team is here to take the burden off your shoulders, answer your questions, and ensure your loved one’s wishes are honored correctly and efficiently.
The first step is a simple, confidential consultation to understand your situation and your options. There is no pressure and no obligation.
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