Putnam County Probate Attorney

What Happens if I Don't Do Probate?

If probate is necessary, but you do not initiate the process, then you will be unable to identify the assets of the deceased person and appropriate them the way Florida law requires. If you are in a situation where probate is needed, contact our firm for questions and legal assistance.

Why Call Our Probate Lawyers?

• Free Consultations
• Relationship-Based Legal Representation
• Strong Work Ethic & a Proven Track Record
• Genuine, Experienced & Compassionate Counsel

If you are facing competing claims during the administration of your loved one’s estate in probate court, we at Hedstrom Law, P.A. can help you. We have years of experience practicing probate law, including the administration, negotiation, and in some cases, litigation of claims in probate court. At Hedstrom Law, P.A., we are dedicated to providing our clients with sound and comprehensive legal advice regarding probate matters.

Probate Proceedings

Probate proceedings are governed by the Florida Probate Rules. Proceedings begin when a petition for probate administration is filed with the probate court. Notice of the petition for probate administration is then sent to those who are qualified to serve as the personal representative for the decedent. 

The probate court will then appoint a personal representative to administer the decedent’s testamentary estate. Probate proceedings will advance into either formal administration or summary administration.

We have experience working on several probate issues including:

• Formal probate administration
• Summary probate administration
• Appointment of representatives
• Estate taxes
• Interpretation of wills

Is Probate Necessary?

Generally, it may be necessary for the estate to go through probate. Unless you have a smaller estate, you may be able to go through a more informal process under the probate court's supervision before the assets and properties can be distributed appropriately. The probate process can also help mitigate any legal issues that arise.

Understanding the Probate Process in Florida

Probate can be a complex and overwhelming process, especially if you are unfamiliar with the laws and procedures in Florida. At Hedstrom Law, P.A., our experienced probate attorneys are here to guide you through every step of the process and provide compassionate representation during this difficult time.

Here is a brief overview of the probate process in Florida:

1. Filing the Petition: The first step in probate is filing a petition with the court. This petition initiates the probate process and identifies the deceased person's assets and beneficiaries.
2. Notifying Creditors: The court requires that all known creditors be notified of the probate proceedings. This allows them to make a claim against the estate if they believe they are owed money.
3. Inventory and Appraisal: The personal representative of the estate is responsible for creating an inventory of the deceased person's assets and obtaining appraisals when necessary. This helps determine the value of the estate.
4. Paying Debts and Taxes: Before any assets can be distributed to beneficiaries, the estate's debts and taxes must be paid. This includes funeral expenses, outstanding bills, and any estate or income taxes.
5. Distributing Assets: Once all debts and taxes have been paid, the remaining assets can be distributed to the beneficiaries according to the terms of the will or Florida law.
6. Closing the Estate: After all assets have been distributed and all necessary paperwork has been filed with the court, the estate can be officially closed.

Probate can be a lengthy and complicated process, but our team of skilled attorneys will work diligently to ensure that everything is handled efficiently and in accordance with the law.

What Assets Must Go Through Probate?

Nearly every person has some assets that don’t necessarily need to be settled in probate. Even if you do happen to go through probate court, it may very well be likely that some assets or properties will not be included during the proceeding. For those expected to inherit this property, they may receive this quicker than expected. All of this property is known as the probate estate.

Some of the most common assets that go through probate include:

• Property owned by the deceased person -- some examples of this might be a car or some real estate
• A portion of property owned -- such as a business investment

Some assets that may not require probate can include:

• Life insurance
• Pension plans
• Any property in a living trust
• Salary due to the person who has passed away
• 401ks, IRAs, or another type of retirement savings account
• Certain household items

Other assets that might be required to go through probate are bank accounts under the deceased's name, that have no beneficiary or co-owner, any real estate that was owned solely by that individual, and any real estate that is co-owned by tenants in common.

Compassionate Probate Representation for Putnam County Residents

At Hedstrom Law, P.A., we understand the emotional and practical challenges associated with the passing of a loved one. You shouldn’t have to go through the grieving process and probate proceedings alone. That is why we are dedicated to providing our clients with compassionate probate advice and advocacy, devoting proper attention to the unique circumstances of your case. 

You can count on us to provide you with comprehensive legal advice so you understand the metes and bounds of the legal issues implicated in your case. We are committed to working diligently toward finding a just resolution to your probate issues.