Probate & Guardianship

Florida Probate Guardianship Attorneys

Offering Quality Legal Representation You Can Trust

Probate and guardianship are legal proceedings in Florida involving court supervision of a person and/or of a person’s assets.

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 during his lifetime, where probate is the state-supervised process of managing a person’s assets after his death.

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.

Why Would You Need a Probate Attorney in FL? 

  • Gain Access to the Estate Sooner: A probate attorney can expedite the process of gaining access to the estate, ensuring that necessary steps are taken promptly.
  • Avoid Family Conflicts: Hiring a probate lawyer can help prevent potential conflicts among family members regarding the distribution of assets and property.
  • Prevent Legal Claims Against the Estate: A probate attorney can assist in preventing legal claims against the estate, providing legal protection for the deceased's assets.
  • Ensure Compliance with Probate Rules: Florida has its own set of probate rules, and a probate attorney can ensure that all necessary boxes are checked and the process is compliant with the specific regulations.
  • Handle Legal Documents and Disputes: Probate attorneys can handle the preparation of legal documents and address any disputes that may arise during the probate process.
  • Address Tax Consequences: A probate attorney is capable of handling final income taxes and determining potential estate tax consequences that need to be addressed.
  • Navigate the Complexities Confidently: The intricacies of probate in Florida can be overwhelming, and a probate lawyer can help navigate the process with confidence.
  • Asset Probate: When assets are held in the decedent's individual name, such as bank accounts, stocks, bonds, and land, it may be necessary to hire an attorney to probate these assets.
  • Knowledge of Probate Rules: Probate attorneys are knowledgeable about Florida's specific probate rules, which can be crucial in ensuring a smooth and compliant process.
  • Time-Saving: Engaging a probate attorney can save significant time, as the probate process can often be lengthy and complex.

These reasons collectively highlight the importance of engaging a probate attorney in Florida to handle the various legal, financial, and emotional complexities that may arise during the probate process.

If you need more information, our firm is here to help. Call (800) 776-3103 today to schedule a free initial consultation with our Florida probate guardianship lawyers.

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