- You can receive probate assistance in any of Florida's 67 counties.
- You can receive a flat fee quote for legal services instead of a percentage of the estate, or billing on an hourly basis.
- You can be confident in knowing your attorney has fifteen years of probate experience, has represented more than 500 probate cases, and has never had a client required to appear in court.
For a Complimentary
The good news is that if probate is necessary, in almost every instance it will not be necessary for you to appear in court. Here's an idea of what's involved in the process:
- The original Will is deposited with the court.
The original will (with original signatures, not a photocopy) is deposited with the Clerk of Court. If there isn’t a will, Florida statutes will determine how the estate is distributed (See here).
If probate has already been done in another state, a certified copy of the Will and probate proceedings are requested from that out-of-state court.
- A certified death certificate is filed. A "certified" death certificate is one obtained from official sources, such as Vital Records, The Department of Health, etc.
- A petition is filed with the court to open probate proceedings.
- Signatures on the Will are proven to be valid.
Many wills have what is known as a "self-proving affidavit" that attests to the signatures on it. If this isn’t present a court will request additional documentation.
- Creditors are notified and legal notices are published.
A list of all known creditors is important at the outset of probate.
- Petitions for exemption rights are submitted.
Florida grants exemptions from the claims of the unsecured creditors (e.g., medical debts, credit cards, etc.) against certain assets in the estate, however, if you don't ask for these rights, they are not given to you.
This isn’t an all-inclusive list but it provides a general overview of how the probate process begins in Florida. To see a list of the types of probate available in Florida, click here.
While this approach may involve a little more time up front, the outcome is that you’ll have a firm fee quote from a Florida probate attorney, at no charge, and with no obligation to move forward.
I invite you to visit the pages listed across the top of the site, or if you'd like to speak with a Florida probate attorney, please feel free to call me toll-free at 866-465-8046, or click here to submit an email inquiry and provide the information indicated above.
and flat-fee quote,
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The hiring of a Florida probate attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This site is designed to provide general information only. Content on this site should not be interpreted as specific legal advice, or the formation of an attorney/client relationship.
