There is a multitude of Florida estate planning tools available, but in many cases, they do not negate the need for probate. This court process is a necessary procedure that ensures a person’s estate is properly administered after their passing. If you’ve recently lost a loved one and are trying to figure out how to move forward, a probate lawyer in Tampa can help you through the process.
At Decker Legacy Law, LLC, our team of legal professionals handles the estate planning and administration needs of our clients. We work hard to assist grieving families through difficult times, and this includes offering our services as personal representatives during the probate process. Even if you don’t need someone to fully take over, we can provide legal guidance to simplify these court proceedings.
Contact us today for a confidential consultation.
What Is The Florida Probate Process?
When a person dies in Florida, probate law dictates that their assets be identified and gathered so that debtors can be paid and the remaining assets divided appropriately among an estate’s beneficiaries. This is done by a personal representative either designated in the decedent’s will or appointed by the courts when no valid will is in place. When a will did exist, it’s the representative’s job to ensure it’s properly carried out.
Tampa probate lawyers can often serve as the personal representative in such proceedings. This is often done when no individual is designated in a will and when the family decides to let a legal professional handle the heavy lifting. There are a variety of ways to approach probate — including summary administration for smaller estates — but it’s always ideal to speak with an estate administration attorney to understand what’s in your best interest.
How Does Tampa Probate Work Without A Will?
Dying without a will in Florida creates a variety of issues regarding money, property, and other assets. In some cases, probate may result in litigation. This outcome is not uncommon when there are disagreements over the validity of wills or who should serve as the personal representative. If there are no serious legal disputes, however, probate without a will doesn’t necessarily have to be difficult.
That’s because there are very specific guidelines laid out in Florida law regarding who receives a decedent’s assets. After creditors have been paid, the remaining properties will pass on to the closest surviving family member. Oftentimes, this is the spouse. However, assets in a probate estate can also go to children, parents, siblings, and others depending on who the closest living relative is.
Unfortunately, dying without a will does create many potential hurdles. This is why everyone should have an estate plan in place. If your loved one didn’t, however, our probate lawyers in Tampa may be able to help.
Do You Need A Tampa Probate Attorney?
People often ask whether they need a probate lawyer to assist with estate administration. After all, summary administration seems quite simple on the surface — and a Disposition of Personal Property Without Administration may even be possible in certain instances. However, having an experienced Tampa probate attorney can still prove invaluable. In truth, even seemingly simple estates can be complex.
For instance, what if certain heirs dispute the validity of the decedent’s will? What if creditors claim your loved one owed debts that were already paid, and would you even know if they were wrong? There are also many other concerns regarding taxes, business succession, filing timetables, and other estate administration issues. Even a simple mistake during this process can cost big — sometimes leading to lawsuits against personal representatives.
A Tampa, FL probate lawyer can help avoid these and many other issues. Schedule your consultation with Decker Legacy Law, LLC, today.
Contact Our Probate Lawyers In Tampa Today
Both large and small estates typically have to go through the probate process. While it may be possible to avoid probate in some instances, this is only possible in very specific circumstances. That’s why having a professional legal team on your side will always prove extremely helpful. They can assist you with understanding your options and the most ideal way to move forward.
At Decker Legacy Law, LLC, our legal team is committed to helping our clients deal with both simple and complex legal matters. Even if your loved one didn’t engage in proper estate planning, it’s still possible to ensure their assets are divided fairly and not left to the state. Contact us today by calling 813-437-4465 to schedule your confidential consultation. Our probate lawyers in Tampa are ready to assist.