Orlando Probate Administration Lawyer
Advocating for Your Rights Throughout the Process
Probate is the process by which a deceased person's assets are divided according to their will, assuming they made one during their life. It can be a confusing and often contentious time since wills can be contested and some may be left without the inheritance they believed they were getting.
If you are facing the probate administration process, call on an Orlando probate attorney from our firm today. We can stand beside you through this difficult time to make certain you are treated fairly and your interests are upheld.
When is probate needed?
Probate administration is not for all property. You will need to determine what will go through the probate process and what will not, especially when it affects what assets will be divided among heirs or beneficiaries.
Probate is not needed in the following types of cases:
- If the deceased did not leave any real estate
- The only assets are exempt from creditor's claims
- Property is held jointly by more than one person
- Assets have been designated to a beneficiary
- Assets are held in a living trust
Summary & Formal Administration
Summary administration is the simpler form of probate that can be used if either the person died over two years earlier or the value of the probate estate is less than $75,000. In a summary administration, the court, it determines the estate qualifies for a summary administration, issues an order releasing the property to the people who inherited it. You can use this court order to show the bank, for instance, that you should inherit the funds.
Formal administration, or regular probate, is more complicated. During formal probate, the executor of the will is appointed by the court to be the personal representative of the estate. This individual gathers and inventories assets, pays debts and taxes, and distributes whatever is left to the inheritors. Anyone who objects to the accounting can object in the court. Lastly, the representative will give the receipts to the court and close the estate.
Haynes Law Group is Here to Help
You should have a seasoned probate attorney with you from the beginning of probate negotiations. Retain the services of Haynes Law Group right away and can work to ensure you receive rightful inheritance and assets.
Call our Orlando firm today and secure the quality representation for probate proceedings.