Common Questions About The Estate Probate Process

millman law group estate probate process

How does this estate probate process work? Read on to find out.

The estate probate process can be quite complicated. This process is essential for ensuring that the assets of a deceased person are distributed correctly. Before starting probate, it’s best to acquire the guidance of an experienced lawyer. At The Millman Law Group, we have extensive knowledge of all aspects of estate planning, including the probate process. If you have any questions about the probate process, read on for a few answers to common considerations. 

Is It Ever Too Late For the Probate Process? 

Technically, no. However, we recommend starting your Florida estate probate process in a timely fashion. This is because important information you need like documents, bills, and statements may be misplaced as more time passes. 

Do I Need an Attorney To Go Through Probate? 

In most cases, yes, you are required to have an attorney before you can move forward in the estate probate process. There is one exception, “disposition without administration.” However, it’s only for very small estates. Even when you go through this process, working with a lawyer can ensure that no mistakes are made.

How Long Does The Process Take? 

The length of the process depends on the type of probate process you’re going through, either Formal Probate Administration or a Summary Administration. The process can take anywhere from less than a month to up to well over one year. The final length will depend on the complexity of the estate. 

Which Parties Should Be Involved In Probate? 

The parties involved in the process include the court clerk of the county in which the deceased passed away, a judge, attorney, and anyone filing to inherit assets. 

Who Cannot Serve as Personal Representative? 

A personal representative is required to probate a will. However, individuals who cannot serve as a personal representative are those who are not a Florida resident (unless related by blood), anyone under age 18, anyone convicted of a felony, or anyone mentally or physically unable to perform their duties. 

Who Serves as Personal Representative When There Is No Will? 

If there is no will, the surviving spouse is appointed as the personal representative. However, if the spouse declines, the personal representative is selected by a majority of the heirs. If the heirs cannot agree about who will take on the role, the court makes the final decision. 

Clearly, the estate probate process can be pretty complex. This is why navigating the process or avoiding the hassle altogether with the help of your lawyer is the best choice. 

Estate Planning Made Easy With Millman Law Group

Millman Law Group, PLLC is rare because it’s one of the only law firms that offer life planning in South Florida. From life care planning to the preparation of detailed estate plans, Millman Law Group has committed to serving Floridian elderly communities in Boca Raton, Palm Beach County, Ocean Ridge, Hillsboro Beach, and many other areas since 2018. Our dedicated team also specializes in special needs trusts and catering to any age demographic because we know for certain it’s never too early to start preparing you and your family for your future. For the latest news in estate planning and elder care law, follow us on Facebook, Twitter, Linked In, and Pinterest. You can also contact us at 561-463-6480.