Probate in Florida Is Manageable with the Right Lawyer

Don't let your assets get bogged down in probate

Probate in Florida needn’t be difficult if you have a knowledgeable Melbourne probate attorney. Probate is defined by the Florida Bar as "a court-supervised process for identifying and gathering the assets of a deceased person (decedent), paying the decedent’s debts and distributing the decedent’s assets to his or her beneficiaries. In general, the decedent’s assets are used first to pay the cost of the probate proceeding, then to pay the decedent’s outstanding debts, and the remainder is distributed to the decedent’s beneficiaries."

What constitutes a probate asset?

Assets that you own by yourself are considered probate. Assets you own with a spouse are not and, therefore, are not subject to probate. Upon your death, your spouse retains ownership. A living trust is another way to avoid probate because when you put your assets into a trust, you no longer own them. A seasoned attorney who knows probate law in Florida can advise you on the best course of action to take now so that your family members don't become entrenched in Florida probate laws.

Probate is required to legally transfer ownership of your probate assets to your beneficiaries upon your death. If you have a will, it must be admitted into probate court to be valid. If you die without a will, probate is necessary to transfer ownership to those individuals who are entitled to your assets under Florida law. Our Brevard County attorneys have extensive experience in this area. They’re prepared to help you create an estate plan to mitigate the need for probate and help your family deal with probate after your death.

Let a Brevard County lawyer help with probate

Call Mommers & Colombo, Attorneys at Law at 321-751-1000 or visit our contact us page.