Home Law \ Legal Find out why you need a probate attorney if a loved one dies without a will in Florida.

Find out why you need a probate attorney if a loved one dies without a will in Florida.

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Did you lose a loved one who did not leave a will or trust for the distribution of their assets? Are you looking for a legal solution to protect your business, legacy, and family? What is the role of a Florida probate attorney? There are different types of probate. What are they? 

Probate attorney.

A probate attorney will advise a client on how to secure and protect their assets if they die. If you lose a loved one abruptly and they (1) did not leave a last will and testament or (2) did leave only a last will and testament, you will need to consult a probate attorney. The probate process can be stressful and long to navigate on your own. The attorney should help you understand your unique situation and what to expect by providing you with the highest quality of education. A good law firm will provide a free initial consultation for potential clients. You do not need to pay if you do not fully understand your legal situation.  

An estate can be transferred easily without legal and court proceedings if the assets are in a trust. A probate lawyer is unnecessary if the deceased property is below a certain amount. The state can distribute the estate to the heirs. In Florida, if anyone with assets dies, a probate must be filed whether the will is present or not. A probate court will help solve family disputes regarding the distribution of assets. Depending on the complexity of the estate, the probate process may take six months to a year. 

Probate process.

Visit the legal firm for the first time and get a free initial consultation. You and your family will be educated, on the subject matter. The information will help you make better decisions. You will discuss your specific goals and needs with your attorney. A solution and plan to tackle your unique situation are developed. Depending on your budget and needs, the necessary action is taken. The probate process is crucial because any slight mistake can be detrimental to the deceased family, beneficiaries, and friends. It may lead to a delay in the distribution of assets, creditors taking everything, and some assets being forgotten.

Types of probate.

  1. Summary administration.
  2. Formal administration.
  3. Disposition without administration.
  4. Ancillary administration.

Role of a probate lawyer.

  1. Identify and secure assets.
  2. Prepare and fill all the necessary documents required in a probate court.
  3. Help to pay debts and bills.
  4. Manage the checking account for your estate.
  5. Ensure inheritance or estate taxes are paid on time.
  6. After payment of taxes and will, the attorney will make a final disbursement of assets to the beneficiaries. 
  7. Transfer the decedent’s assets from their name to the appropriate beneficiaries. 
  8. Resolve problems with income tax. 
  9. Get an appraisal for the deceased property. 
  10. Give legal advice about the power of attorney.


A probate lawyer works with estate beneficiaries and executors to settle estate affairs. In Florida, you must hire a probate attorney whether the deceased had a last will or not. Summary administration, formal administration, disposition without administration, and ancillary administration are the various types of probate. You should know about the probate process to make the right decision concerning your assets when you die.

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