FLORIDA PROBATE & GUARDIANSHIP
Generally, the term “probate” is used in connection with the process of administering a decedent’s estate; however, in Florida, the probate court has jurisdiction over both probate and guardianship matters. Guardianship is the state-supervised process of managing a person and/or his property if he is unable to manage them for himself. Probate is the state-supervised process of managing a decedent’s probate assets. For more information about Florida guardianships, click here.
Whenever someone dies who owns property in the State of Florida, regardless of whether he resides in Florida at the time of his death and regardless of whether he is a citizen of the United States, Florida laws come into play to ensure the steady and secure transition of ownership of that property. This legal process has been defined as “probate,” and it can range from the simplest of matters resolved in a matter of months to a protracted and years’-long battle in the Florida court involving significant amounts of both time and money.
A standard probate administration involves: submitting the Last Will and Testament ; having a fiduciary (Personal Representative) appointed; collecting and organizing the decedent’s sole-named property, preparing an inventory; paying creditors, if any; paying the personal representative’s fees, attorney’s fees, and court costs; and finally, the ownership of the estate’s property is legally transferred to the beneficiaries/heirs and the estate is closed. For more information about Florida probate, click here.
Probate is intended to be a streamlined process, and the Florida legislature has passed a series of statutes designed to assist in making probate administration as fast and cost-effective as possible; however, there are many times when controversies or confusion arise, and the law is prepared for these situations as well. Probate can evolve into contentious challenges to the Will, the personal representative, the determination of beneficiares, and many other issues. The attorneys at Adrian Philip Thomas, P.A. concentrate their practices in the following areas:
- Will Contests
- Lack of Mental Capacity
- Undue Influence
- Tortious Interference with an Expectancy
- Breach of Fiduciary Duty
- Exploitation of the Elderly
The attorneys at the Law Offices of Adrian Philip Thomas, P.A. are experienced at representing clients in all matters of probate and guardianship, including the adversities and complications that can arise.
If you believe you need an attorney in connection with a Florida probate or guardianship matter, please feel free to contact the firm’s office to schedule a free initial consultation with one of our attorneys.