Probate Law

Are You Looking For a Probate Attorney in Wellington, Royal Palm Beach or Palm Beach Gardens, FL?

LINDA S. BRASWELL, P.A. WILL ENSURE YOUR BEST INTERESTS ARE REPRESENTED

Losing a loved one is difficult for anyone. But, when your loved one never drafted a will or their will is being contested, the last thing you want to worry about is going through probate while you’re trying to heal. If that happens, let the probate attorney at Linda S. Braswell, P.A. help you through your difficult time to get you the best possible outcome. While many believe probate and estate planning are similar, they are actually two different issues.

Even though probate is often put under the estate planning category, probate is the court-supervised proceeding that oversees the distribution of estate assets, after first proving the validity of a will (if that document is being contested) or doesn’t meet Florida’s legal requirements. If someone passes away intestate (without a will), and has no heirs, the State of Florida will receive all of the assets of the decedent. To avoid this, it is recommended that a will ALWAYS be created. Many people want to avoid probate, because probate court can become a complicated process and can tie up any estate assets involved for months or years without an experienced attorney. Call our probate attorney for a free phone conversation and find out if the estate would qualify for summary administration (shorten procedure) or formal administration.

probate law in florida

There are two different ways to settle an estate in the Florida legal system without going through the probate process:

  • Formal administration of property is the process in which assets held solely in the decedent’s name at the time of death are distributed by the probate court to the heirs at law or under the will.
  • Summary administration is used as a probate shortcut when the person passed more than two years ago or the value of the probate estate doesn’t exceed more than $75,000. The summary administration process can be filed by the executor of the estate or an heir.
Cup and notebook on desk near senior pensioners

Navigating through probate court in in Florida can be confusing. The entire process, which starts when the personal representative is appointed by the circuit court. The probate process can take between a few weeks up to a year for more complicated estates to complete.

Linda S. Braswell, P.A. can help you focus on healing and guide you through the Florida probate court process. Whether your loved ones had a will prior to their passing or when there are contested issues involving the estate assets, call 561-792-8551 for a free initial phone conversation.