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The Florida Probate Process

Wilton Manors Lawyers for Probate Administration

Fort Lauderdale Estate Lawyers Helping Clients Through Probate in Florida

"Probate" is something of a feared word. Whether you have had any personal experience with the probate process or not, you are probably aware that probate can be a long and complex process. At the Law Office of Miller & Miller, P.A., we aim to simplify probate for our clients. Whether you are facing intestate probate, have a valid will to file, our firm has the legal skills to guide you through every step of the Florida probate process.

The Law Office of Miller & Miller, P.A. can navigate the legal complexities of the probate and trust administration systems and overcome any obstacle that may arise. When you begin the probate administration process, our firm understands that you are likely going through a period of grief on top of the legal stress. We aim to serve our clients with empathy and compassion while providing dedicated legal advocacy at every stage.

Wilton Manors Lawyers for Every Step in the Probate Process

The probate process involves multiple steps, all of which can be highly technical from a legal perspective. The complexity of the process can drag out full probate for months or even years. First, you will need to meet with one of our attorneys to gather all the necessary documents, such as the decedent's will if they had one, financial and investment records, records of any outstanding debts, real estate deeds, and other documents showing what the decedent owned.

Probate officially begins when the personal representative files a petition for administration. If the decedent was intestate (without a will), a personal representative will need to be appointed by the state. Intestate probate may create additional steps. The attorneys at our firm are very familiar with what all is needed to begin the process and will get you off to a good start.

Next, beneficiaries must be notified. This includes anyone who has a legal interest in the estate property. The Florida Probate Court then issues letters of administration, which are used to open an account for the estate. The Law Office of Miller & Miller, P.A. will guide you through transferring all estate property into this account. Creditors are notified at this point - the estate itself is liable for any outstanding debts.

An attorney's skill may become truly necessary during the next phase. In many probate cases, some of the decedent's assets and properties may need to be liquidated and the funds placed in the estate account. At this stage, tax considerations come into play as the final tax return is filed and any applicable estate tax is paid out of the estate account.

At the last stage, a final accounting of all the estate property is taken. A complete accounting of all funds and property is taken, including any fees already paid. This can be an incredibly arduous undertaking - it is best to leave this part to a qualified attorney who has experience with the probate process.

Only after all these steps are completed can the decedent's assets finally be distributed to the beneficiaries. This may seem complicated - it is. We understand the entire probate process, and what actions and documents are required at every stage. Attempting to go through the probate process without counsel is a difficult endeavor. Fortunately, Florida law provides for reasonable attorney's fees to be paid out of the estate account, so there is little reason to do so. Our team is dedicated to simplifying the probate process for our clients as much as possible.

Contact an Oakland Park Probate Attorney

If you need a strong legal advocate to guide you through the probate process, the Law Office of Miller & Miller, P.A. is here to help. Contact us online or call 954-981-9301 to schedule a free consultation. We serve clients in Fort Lauderdale, Oakland Park, Wilton Manors, and the surrounding areas.

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