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What Affects The Probate And Estate Administration Process And How You Can Best Prepare

Florida probate is the legal process for distributing your property after you die. There are many factors that determine the complexity of the probate process. Some of those factors include whether or not you have a will, the number of assets in your estate, how many beneficiaries and heirs you have, and whether or not there is anyone that objects to or contests your will. Probate administration notifies any beneficiaries and creditors of your death, determines who receives which assets, and finalizes the distribution of those assets.

The team at Akin Law P.A. can help you prepare for and avoid, when possible, the probate process. Call 386-271-4740 and speak with us about your situation.

The Probate Process Does Not Have To Be Complicated

A well-prepared estate plan can make the probate process unnecessary in many cases. However, not every estate plan has been updated as needed or has all of the planning documents required to avoid or circumvent Florida probate.

If there is no will outlining your wishes, your assets must be distributed based on guidelines set forth in the Florida state statutes.

Your assets will be distributed per Florida law, not in accordance with what you may have wanted or what your family says you wanted. This is why a will is a must-have, even for people of modest means.

Florida Has Three Types Of Probate

Under Florida law, there are three main types of probate:

  1. Formal administration
  2. Summary administration
  3. Disposition without administration

The type of probate your estate will require will depend greatly on the value of your assets at the time of your death.

Why Most People Do Not Want To Administrate The Probate Process Themselves

Aside from a few circumstances, probate administration must be handled by a qualified attorney. The probate administration process can be time-consuming and burdensome, no doubt an experience that most people have no interest or energy for. However, many people do not effectively prepare for what happens to their assets after they die, leaving probate as the only option. Our page on probate questions has more details about this process.

Get In Touch With Us For Answers And Guidance

You may wish to have a better understanding of the Florida probate process or want to know your rights and obligations during the process or as an administer. We can help. Call 386-271-4740 or email our team at the office via the website contact form. Our office is in DeLand, and we serve clients throughout Volusia County.