Best Estate Planning Attorneys in New Smyrna Beach, FL

The length of the probate process in Florida depends on the type of proceeding. There are two primary types of probate in Florida: formal probate administration and summary probate administration. In addition, in limited circumstances, disposition without administration may be available as an option. Formal probate administration typically takes between six and nine months from start to finish. Summary probate administration, which is reserved for estates worth less than $75,000 that have no debt, can take as little as one month to complete.

A Florida estate administration lawyer helps guide the personal representative through the probate administration process, ensuring that all legal requirements are met and that the personal representative has the information necessary to faithfully carry out his or her duties under Florida law.

Yes. In fact, costs of administering the estate are the number one priority under Florida law, meaning that they are paid before any other debts or obligations of the estate, and before any assets are distributed to heirs or beneficiaries.

Any reasonable funeral, interment, and grave marker expenses may be paid by the estate, up to an aggregate total of $6,000. These expenses may be paid directly or may be paid as reimbursement to any person who advanced the funds to cover the expenses. Will contests based on allegations of undue influence are particularly difficult, since the influenced person is no longer available to testify or otherwise provide information, and the boundaries as to what constitutes undue influence are somewhat subjective. Thus, it is generally in your best interest to get guidance from an experience will contest lawyer.

In Florida, you can contest a will that is in probate, but cannot contest a will after the court has discharged the estate. Where notice of administration is properly served, this rarely becomes an issue, as the short deadlines to initiate a will contest will typically expire long before an estate is settled.