Coral Springs Probate Attorney
Call Our Experienced Coral Springs Probate Attorney Richard S. Pillinger
The meaning of probate has shifted throughout the years. While it was originally a reference to the judicial process of proving that a Last Will & Testament was real and valid, it now encompasses that and so much more. Today it is a legal process that is supervised by the court. It involves not only identifying the decedent’s assets, but also gathering them, paying the debts of the decedent and then distributing the appropriate share to the remaining beneficiaries or heirs of the decedent.
Our Coral Springs probate attorney doesn’t only help those who live in Florida, but also help those families out of State, with loved ones residing in Florida. Our law office provides personal and professional legal services to help clients who as a result of their residing outside the state, are unfamiliar with the probate process.
Administration of Probate in Coral Springs Florida
In Florida, among other procedures, there are primarily two primary kinds of probate administration utilized. These are formal administration and summary administration. Formal administration is often used when the person has been deceased for less than two years and the total value of the probate estate exceeds $75,000.
Summary administration can be used in administering the estate of either a resident or a non-resident when the decedent has been dead less than two years or the probate estate value is less than $75,000.
Probate can be ancillary, which involves the assets of a decedent who has actual situs in Florida but who is not a Florida resident, compared to a domiciliary, which is when assets are owned by a resident of Florida with actual situs in Florida.
Is Probate Always Required?
No. Not all estates require probate because probate administration is only required for those estates with probate assets. These are assets owned by the decedent and are solely in the decedent’s name at the time of death. If there was joint ownership with a designated beneficiary or survivorship interest, that particular asset may not be subjected to probate. Please call our Coral Coral springs probate attorney Richard S. Pillinger if you ever have any unanswered questions that you would like addressed.
Who is in Charge of the Probate Estate?
In the state of Florida, probate proceedings are presided over by a circuit court judge. The judge will appoint a personal representative by the issuance of what is known as Letters of Administration. The probate process will include ruling on the will’s validity, if one exists, and an order being signed admitting the will to probate. The court oversees each aspect of the administration, including the claims of creditors, and the objections to same, and the distribution of assets to the beneficiaries and/or heirs.
The personal representative should have legal representation. If you are going to serve as a personal representative, you should immediately consult with an experienced Coral springs probate attorney. Contact our office today to schedule a consultation with an experienced probate attorney.