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When a loved one passes away, their estate needs to be settled. This process is called probate, and it involves proving the validity of the deceased’s will, identifying their assets and debts, and distributing the estate to heirs and beneficiaries. While probate is a legal requirement for most estates, it can be a complex and time-consuming process. Understanding what probate is, how it works, and what the timeline looks like can help you navigate this challenging time with confidence.
At Malone Legal, we are committed to providing expert legal guidance to families during the probate process, ensuring that the estate is administered smoothly and in accordance with the law.
Probate is the legal process that takes place after someone dies, ensuring their assets are properly distributed and their debts are settled. During probate, the court verifies the deceased person's will, appoints an executor or personal representative, and oversees the administration of the estate. If there is no will, the court will appoint an administrator to handle the estate according to state laws.
The main objectives of probate include:
The first step in probate is to file the deceased person’s will with the probate court. If no will exists, the process will proceed according to state laws of intestate succession (how the estate is distributed when someone dies without a will). Along with the will, the executor or personal representative will file a petition to open the probate case, requesting the court's approval to begin the process.
Once the court accepts the will, it appoints an executor or personal representative. This person is responsible for managing the estate through the probate process. If there is no will, the court will appoint an administrator, usually a close family member, to handle the estate.
The executor or administrator will need to identify, locate, and value the deceased person's assets. This may include real estate, bank accounts, investments, personal property, and other assets. Any debts or liabilities that the deceased person had will also need to be identified, including credit card debt, mortgages, or loans.
The executor is required to notify creditors of the deceased’s death and give them an opportunity to submit claims against the estate for any outstanding debts. The estate’s assets will be used to pay these debts, including funeral expenses, medical bills, and taxes. Only after debts are paid will the remaining assets be distributed to heirs and beneficiaries.
Once all debts and taxes are paid, the remaining assets are distributed according to the will (or state law, if there is no will). The executor will transfer property to beneficiaries, pay bequests, and handle any final matters. If there are disputes among heirs or beneficiaries, this can delay the process.
After all debts are paid, assets are distributed, and any disputes are resolved, the executor files a final accounting with the court. The court then issues an order to close the estate, officially ending the probate process.
The length of the probate process varies depending on the complexity of the estate, the presence of a will, and whether there are disputes among heirs. On average, probate takes anywhere from 6 months to a year to complete, though it can sometimes take longer.
Here’s a general breakdown of how long each phase may take:
These timeframes can vary significantly based on the complexity of the estate, the presence of disputes, and the efficiency of the probate court in your jurisdiction.
Several factors can either lengthen or shorten the probate process, including:
While probate is necessary for most estates, there are alternatives that can help families avoid the lengthy and costly process. Some common strategies include:
The probate process can be confusing and emotionally taxing, especially while you're grieving the loss of a loved one. At Malone Legal, we specialize in probate and estate administration, offering guidance and support throughout the entire process.
Whether you're dealing with a straightforward estate or one that involves complex assets or family disputes, our experienced team can help ensure that the probate process moves as smoothly as possible. We will work diligently to protect your interests and make sure that the estate is settled efficiently.
If you need help navigating probate, contact us at Malone Legal today. Our attorneys are here to guide you through this challenging time with care and professionalism.
From the bottom of my heart, thank you. Your support as a valued sponsor means more to me and our team at My Care Finders than words can truly express. This open house and ribbon-cutting celebration is such a special milestone not just for our business, but for the community were so honored to serve. And it wouldnt be possible without you. Your belief in what we do helping families navigate senior care with compassion, clarity, and purpose is what fuels us every day. Knowing that we have partners like you standing beside us makes all the difference. Were expecting a wonderful turnout, and we truly believe this will be a joyful, memorable event for everyone involved. Light bites, music, laughter, and connection a true celebration of community. Attached is our event flyer created by Jesse, the owner of My Sanctuary of Wellness. A HUGE shoutout to Jesse for your patience and constantly updating the flyer when needed Thank you Jesse!!!!! Please be sure to bring your own table and chairs. Wed love it if you could help us spread the word by sharing it on Facebook and other social media outlets, along with your friends, family, colleagues, and even your patients. The more, the merrier! Lets make this an unforgettable evening. Additionally, our assistance, Becca will be sending each of you our w-9, along with an invoice for the event. Thank you again for being such an important part of this journey. I cant wait to celebrate with you!With sincere gratitude,Heather Tetrault
BrightStar Care of Venice & Port Charlotte- has won Best of Home Care Leader of Excellence , Provider of Choice and Employer of Choice for 2025 by Home Care Pulse. These are difficult awards. We are very proud of them.We can help your patients whenever they need home care to stay safe at home. No minimums- 1hr up to 24/7 careJoint Commission Gold Seal of Approval Our BrightStar Care location has earned accreditation from the Joint Commission, which validates that we follow their requirements for the highest level of safety and care.Best of Home Care Leader in Experience 2025 Recognizes our location as earning satisfaction levels in the top 5% based on caregiver training, compassion and communication.Best of Home Care Provider of Choice 2025 Indicates high satisfaction levels of our clients regarding our trustworthiness and ability to provide outstanding in-home care.Best of Home Care Employer of Choice 2025 Happy employees deliver better care. This award distinguishes us as best-in-Class for caregiver satisfaction. The Joint Commission Enterprise Champion for Quality Because of the commitment to quality standards from our local offices, were the only national home care brand that consistently earns the Enterprise Champion for Quality award from the Joint Commission. This independent, nonprofit organization accredits the nations best hospitals and major health care systems.
Your chronological age and your biological age dont necessarily match. Around the ages of 44 and 60 the aging process accelerates in what has been dubbed a biomolecular shift, which dramatically impacts health and internal aging. Researchers discovered these two bursts of aging during the human lifespan, singling out the mid-forties and early sixties as key periods. But the greater shift in biological aging happens during your early sixties.However, out of this seemingly bad news is some hope. Now that science has pinpointed when these changes occur, it could help researchers uncover what is driving chronic disease as we age, potentially leading to earlier diagnosis or even strategies for prevention. So exactly what is going on during these periods of rapid biological aging, how do they impact health, and what can you do to be proactive? Lets break it down.Aging Isnt Primarily GradualYou can no longer assume that aging happens gradually. Ever notice that some people seem to age overnight or are really showing their age? While there is obviously gradual decline, more dramatic changes happen quickly and during certain periods of life. It all comes down to the molecules that make up your physical body. These individual molecules are what age, and studies reveal that they undergo greater change at certain ages, making aging non-linear or not so much gradual over time.How Periods of Rapid Biological Aging Impact HealthIn both your mid-forties and early sixties most people experience molecular level changes related to skin and muscle aging, cardiovascular disease, and the metabolizing of caffeine. This is why people tend to start or increase cholesterol or blood pressure medications during these times of life.Researchers also noted differences between the two periods of biological aging. People in their forties had a greater shift in relation to fat and alcohol metabolism, while those in their sixties underwent shifts related to immune regulation, carbohydrate metabolism, and kidney function.These facts seem to correlate with experience as many people in their sixties are less able to fight off sickness and are even more prone to weight gain and kidney trouble or even kidney failure. Cancer rates tend to spike around this time as the immune system is less able to fend off the invasive cancer cells. Cases of heart disease also rise during this time as people struggle more with their weight and rising cholesterol levels.Less expected, however, was the evidence of rapid aging during the mid-forties. But it becomes more understandable as you consider what characterizes the lives of most people during this life stage. Lifestyle makes a difference and life moves at a rapid pace during your forties. Often this is a time of busy family and work schedules, high work stress, divorce, and weight gain. You often have less time for self-care during these frantic years, and all combined, this shifts your body into a period of rapid molecular aging.Combat Biological Aging with Proactive StepsYou obviously cant stop the aging process but its possible to slow it down. The steps to achieve this arent all new or innovative. In fact, it involves putting common knowledge into practice which many people resist, at least until later life. Here are some unsurprising practical tips for slowing biological aging: Avoid weight gainEat more fruits and vegetablesControl diabetes and high blood pressureStay physically activeDont smoke And the way to prevent or avoid diabetes and high blood pressure is to limit sugar, processed carbohydrates, and saturated fats. If youre in your 40s, in addition to the above, its also beneficial to monitor and minimize your cholesterol levels, exercise to build muscle mass, and limit or avoid alcohol. For additional ways to combat aging, read our article, How to Live Longer: 12 Life-Boosting Habits to Start NowThe best rule of thumb is not to wait until your health begins to decline before making these changes. Adjust your lifestyle while youre still healthy, and you will see the biggest payoff. However, its never too late to start living with your health in mind, because changes at any stage will make a positive difference.Key Takeaways About Biological Aging in Your 40s and 60sScience previously thought that the human body aged gradually in linear fashion, but recent studies show that aging on a molecular level occurs rapidly during the mid-forties and early sixties. During your forties, this change is often due to lifestyle changes that can be altered for better outcomes. You can slow the aging process during midlife with regular exercise and a diet rich in produce and low in saturated fat and processed carbohydrates.
The Law Office of Stacey Maloney, PLLCThe Law Office of Stacey Maloney, PLLC, offers comprehensive legal services in estate planning and administration, probate, and real estate across Florida. Led by Attorney Stacey Maloney, who holds an M.B.A., the firm provides a client-focused approach, ensuring personalized and integrity-driven legal assistance. With convenient offices in Sarasota and Bradenton, as well as statewide availability by appointment, Maloney Legal is dedicated to helping clients build, preserve, and pass on their legacy. Additionally, the firm is passionate about supporting non-profit initiatives like Liquid Castles.
The Law Office of Stacey Maloney, PLLCThe Law Office of Stacey Maloney, PLLC, offers comprehensive legal services in estate planning and administration, probate, and real estate across Florida. Led by Attorney Stacey Maloney, who holds an M.B.A., the firm provides a client-focused approach, ensuring personalized and integrity-driven legal assistance. With convenient offices in Sarasota and Bradenton, as well as statewide availability by appointment, Maloney Legal is dedicated to helping clients build, preserve, and pass on their legacy. Additionally, the firm is passionate about supporting non-profit initiatives like Liquid Castles.
The Law Office of Stacey Maloney, PLLCThe Law Office of Stacey Maloney, PLLC, offers comprehensive legal services in estate planning and administration, probate, and real estate across Florida. Led by Attorney Stacey Maloney, who holds an M.B.A., the firm provides a client-focused approach, ensuring personalized and integrity-driven legal assistance. With convenient offices in Sarasota and Bradenton, as well as statewide availability by appointment, Maloney Legal is dedicated to helping clients build, preserve, and pass on their legacy. Additionally, the firm is passionate about supporting non-profit initiatives like Liquid Castles.