Probate

PROBATE


Kissimmee Probate Attorney - Lawyer legal representation for residents involved in Probate and Probate Administration legal issues or disputes in Kissimmee, St Cloud, Orlando, Osceola County, Orange County, Seminole County, and the surrounding Central Florida area.


Probate is the legal process of settling an estate after a person has died.  A petition must be filed with the court and a personal representative must be appointed.  The personal representative is responsible for the following:

·         Collection, inventory, and appraisal of assets of the person who has died.

·         Protection of the estate's assets.

·         Payment of decedent's debts.

·         Distribution of the remaining assets to the proper parties as provided by law.

When is probate necessary?

·         If a person dies and owns real estate (regardless of value) either in his/her name alone or as a "tenant in common" with someone else, a probate proceeding is required.

·         When a person dies and has no real property, but has personal property in his/her name alone totaling $50,000 or more, a probate proceeding must be filed.

·         When a person passes away and has a combination of real property and any amount of personal property in his/her name alone, a probate must be filed.

As a law firm providing professional Probate Attorney – Lawyer legal services in Kissimmee, St Cloud, Orlando, Osceola County, Orange County, Seminole County, and the surrounding Central Florida area, we will always work diligently to protect your legal rights and options regarding Probate issues or disputes. Learn more about your rights by scheduling a confidential legal consultation with an experienced Probate Attorney at Carpenter Law, P.A. by calling 407.343.7737, Toll Free at 877-854-7614 or by using our online email submission form.

During probate proceedings, a circuit court judge will preside, making rulings on the validity of the will, any arguments presented if a Last Will and Testament is being contested, the status of current assets relating to the Will, any legal claims or debts against the estate that may affect the administration of the Will, or other relevant factors or issues that must be ruled upon before an estate can properly be administered.

If in the decedent’s Last Will and Testament an individual or institution has been specifically named as a personal representative to oversee the administration of the estate, the judge will first determine if the individual or institution is qualified to do so, as well as ensure the individual or institution thoroughly understands and is willing to accept the legal responsibilities, duties, and limitations to serve in that position.

The estate administrator has a legal duty to administer the probate estate according to Florida Law, and is legally bound to only act in the best interest of the beneficiary or beneficiaries of the estate. These duties often include, but may not be limited to:

    • Identify, gather, value, and safeguard the decedent’s probate assets.
    • Publish a "Notice to Creditors" in a local newspaper in order to give notice to potential claimants to file claims in the manner required by law.
    • Serve a "Notice of Administration" to provide information about the probate estate administration and notice of the procedures required to be followed by those having any objection to the administration of the decedent’s probate estate.
    • Conduct a diligent search to locate "known or reasonably ascertainable" creditors, and notify these creditors of the time by which their claims must be filed.
    • Object to improper claims, and defend suits brought on such claims.
    • Pay valid claims.
    • File tax returns and pay any taxes properly due.
    • Employ professionals to assist in the administration of the probate estate; for example, attorneys, certified public accountants, appraisers and investment advisors.
    • Pay expenses of administering the probate estate.
    • Pay statutory amounts to the decedent’s surviving spouse or family.
    • Distribute probate assets to beneficiaries.
    • Close the probate estate

Get Answers You Need regarding Probate and Probate Administration Issues

Make sure you are fully aware of your legal rights and options relating to Probate or Probate Administration legal issues. We are ready to provide the answers you need and the representation you deserve. Speak to a probate attorney at Carpenter Law, P.A. by calling 407.343.7737, Toll Free at 877-854-7614 or by using our online email submission form.


Professional Probate Attorney - Lawyer legal services Kissimmee, St Cloud, Orlando, Osceola County, Orange County, Seminole County, and the surrounding Central Florida area.