Probate is the process by which legal title of property and assets are transferred from the decedent’s estate to his/her beneficiaries. The Probate process includes the courts review of all estate documents, beginning with the decedent’s last will and testament. If all documents are deemed to be in order, and there are no challenges by family members, or others affected by your Will or other estate documents, your estate may clear the probate process in a timely manner.
In the State of Florida, an individual who chooses to contest a Will typically has 90 days after the Notice of Administration has been provided by the Personal Representative, or 20 days in the event that Formal Notice of the probate proceeding is received before the will has been admitted to probate.
As a law firm providing estate and probate legal services, we are prepared to represent you in even the most difficult of legal challenges you may be facing. Our law firm knows how to apply the law to your specific legal needs and goals. When you require legal services relating to estate, and probate… we are here to help you. Call 407.344.3400 to schedule a confidential consultation to discuss your bankruptcy options.
If a will or other estate documents do not exist, the chance that your estate will be contested in probate litigation is dramatically increased. Therefore, having the appropriate estate documents in order is essential in providing the best opportunity for a smooth and successful probate process for your family and loved ones.
It is important to note that creditors may have the ability to contest the estate during the probate process, and sometimes may chose to wait until the estate and assets have been transferred to your loved ones to collect debt from them directly.
The probate process can be extremely complicated, especially if the last will and testament or any other estate documents are challenged, sending the probate into litigation.