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.
Ronald L Sims, P.A., represents the legal rights and goals of those involved in estate and probate issues or disputes in Orlando and the Central Florida area. For a confidential legal consultation, please call 407.843.5885.
If a testamentary will or other estate documents do not exist, the chance that your estate will be contested in probate litigation may be 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 land 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.
If you have questions, concerns, or legal needs regarding a estate and probate issues, we urge you to seek the legal advice of experienced legal counsel.