Gainesville Probate Attorney
Probate Attorney in Gainesville, Florida
If a loved one has passed away and you are unsure about what steps to take or how to proceed, PTM Trust and Estate Law can guide you through this challenging time. Every situation is unique, and every case is different. Thus, the necessary tasks and next steps vary greatly depending on your individual situation.
When we get a a probate call, often the first things we tell the client is to order short form death certificates and to wait on paying debts of the estate. The short form death certificates are used for a variety of purposes, including opening up the probate itself. And we generally tell people to wait on debts because there is a creditor process in Florida that might result in your not needing to pay back each apparent debt of the estate. It may also be that some of those debts can be settled for smaller amounts.
PTM Trust and Estate Law handles probates all across Florida. We work statewide and typically charge flat fees for our work.
The probate process typically involves the following steps:
Filing the deceased person's will with the probate court;
Petitioning the probate court to open an estate;
Identifying the deceased person's assets and creating an inventory;
Appraising the assets, as appropriate;
Paying the debts and taxes of the deceased person, when needed; and
Distributing the remaining assets to the heirs/beneficiaries.
A Florida estate administration may also encompass other tasks, such as closing the deceased person's accounts, deeding real estate, and the handling of assets not subject to the probate court, such as assets on which a beneficiary was properly named (commonly an insurance policy or retirement account).
A personal representative (the estate administrator in Florida) oversees the probate process and handling the day-to-day responsibilities of estate administration.
Estate Administration Legal Services
We provide the following legal services to clients regarding probate:
Probate of formal estates
Probate of summary administrations (typically, smaller estates)
Transfer of homestead property to heirs
Serving Out-Of-State Clients Who Need a Florida Probate
Often a person who owned property in Florida died as a resident in a different state. In those situations, ancillary probate will be necessary. This commonly comes up with Florida real estate. If the real property was owned in the name of an out-of-state resident, that property will need to go through the Florida probate process. If you are an executor or estate administrator in a different state who is facing this problem, please contact us and we will be glad to help.
Contact a Probate Lawyer for a Free Consultation
PTM Trust and Estate Law is happy to answer your questions about probate. Please call 352-554-5576 or contact us online to schedule a free consultation. If you do not live near Gainesville, then we will be happy to schedule a free phone meeting instead.