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Probate administration is the legal process of transferring a deceased person’s assets to their heirs or beneficiaries. In Florida, there are three types of probate administration: summary administration, formal administration, and disposition without administration. Each type of administration has its own specific requirements and procedures.
Probate Attorney Michelangelo Mortellaro of Mortellaro Law reviews the three types of probate administration in Florida. He can also answer more questions about probate administration and planning ahead to avoid probate in a confidential consultation. Contact Mortellaro Law to schedule a free initial consultation today.
Summary administration is the simplest and quickest form of probate administration. It is available when the value of the estate, excluding exempt property and homestead property, is less than $75,000 or when the decedent has been dead for more than two years. In summary administration, the court issues an order distributing the assets of the estate directly to the beneficiaries. There is no need for a personal representative to be appointed, and the process can be completed in as little as a few weeks.
A summary administration is not the best option if the decedent has creditors or is likely to have creditors. However, if the creditors and amounts owed are known, the person filing for a summary administration can pay the outstanding debts before filing. You may also arrange for paying the outstanding debts within your petition for a summary administration.
What if an unknown creditor files a claim for a debt after a summary administration is opened? If this happens, after verifying the debt’s authenticity, and if there are sufficient assets in the decedent’s estate to pay the debt, the petition for summary administration can be amended to arrange for paying the debt.
While a summary administration is faster and simpler than a formal administration, you may still need the guidance of a Tampa probate attorney. Issues can arise like unknown creditors that can require legal advice and creating precisely worded documents. Mortellaro Law can provide the advice and guidance you need for a summary probate administration in Florida.
Formal administration is the most common form of probate administration in Florida. It is required when the value of the estate, excluding exempt property and homestead property, is more than $75,000. Formal administration is also required when the estate includes real property that is not protected by a homestead exemption.
In formal administration, a personal representative is appointed by the court to administer the estate. The personal representative is essentially the “CEO” responsible for a long list of critical tasks, including:
Formal administration can take several months or even years to complete, depending on the complexity of the estate. A Tampa probate attorney is an essential partner during a formal probate administration. Their expertise in handling probate matters helps this complex process to flow smoothly, and their knowledge of Florida probate law and common mistakes is critical to preventing serious missteps.
Disposition without administration is only available in limited circumstances. It is used when the value of the estate, excluding exempt property and homestead property, is less than the amount of the funeral expenses and certain other expenses of the estate. In disposition without administration, the person who paid the funeral expenses or other expenses of the estate can file a petition with the court to be reimbursed from the estate. The court will then issue an order directing the payment of the expenses from the estate. Tampa probate attorney Michelangelo Mortellaro can explain more if the estate qualifies for this form of disposition.
Probate administration can be a complex and time-consuming process. Understanding the three types of probate administration in Florida can help you determine which type of administration is appropriate for your situation. If you have questions or concerns about probate administration, it is always best to consult with an experienced probate attorney who can guide you through the process and help you achieve the best possible outcome for your situation.
Handling probate is typically complicated by the fact that the persons involved have just lost a loved one and are grieving. Emotions and questions can cause confusion and uncertainty. Tampa Probate Attorney Michelangelo Mortellaro is an experienced and compassionate advocate who cares about his clients. Contact Mortellaro Law in today and ask for a FREE consultation to get advice about your next steps.
While dealing with the emotional stress of losing a loved one, no one wants to figure out probate on top of it all. Navigating court processes, understanding legal jargon, and ensuring a fair distribution of property can be overwhelming. But, you dont have to go through it alone. An experienced probate lawyer can guide you through these legal processes, alleviating much of the stress associated with probate. Here, we will explain the importance of probate law, the role of a probate lawyer, and how you can choose the best fit for your needs.Understanding Probate LawNavigating the complex waters of probate law can seem like a daunting task. But with the right guidance, the process becomes less intimidating and more manageable. Lets start by understanding probate law and its significance.What is Probate Law?Probate law governs the legal process that takes place after a persons death, ensuring the deceaseds assets are distributed correctly and their debts are paid. It involves validating the deceaseds Last Will and Testament, identifying their assets, paying off any debts or taxes, and distributing the remaining property as the will (or state law, in the absence of a will) directs.In some cases, the deceased might have established a trust to avoid the probate process, as it can be time-consuming and expensive. A trust is a legal structure managed by a trustee, who handles the deceaseds assets on behalf of the beneficiaries.Why is Probate Important?Probate is crucial for multiple reasons. First, it ensures that the deceased persons assets are distributed according to their wishes. This legal process provides a system of checks and balances to prevent fraud and theft, ensuring fairness and accountability.Second, probate law also ensures that the deceased persons debts are paid off. This process protects creditors by providing a legal avenue for them to claim what is owed.Finally, probate law provides a legal framework for transferring ownership of the deceaseds assets to the beneficiaries. This process can help avoid disputes among family members and loved ones over the distribution of assets.Understanding probate law is the first step in estate planning. It helps you make informed decisions about asset distribution and debt payment after death. But remember, navigating through probate law can be complex and requires the expertise of a seasoned probate lawyer. In the next section, well explore the role of a probate lawyer and how they can assist you in this process.The Role of a Probate LawyerNavigating the labyrinth of probate law can feel like trying to solve a complex puzzle without a guide. This is where a probate lawyer steps in, guiding you through the twists and turns. A probate lawyer serves as an essential ally, handling succession issues, navigating court processes, and ensuring the appropriate distribution of property according to the will or estate plan.Handling Succession IssuesSuccession issues often arise when the decedent has left no will, or the will is contested. A probate lawyer has the expertise to handle these issues, ensuring a clear, fair, and lawful transition of assets. They provide invaluable guidance on the legalities surrounding intestate succession (when there is no will) or disputes over the interpretation of a will. Whether its a matter of deciphering complex legal jargon or facilitating negotiations among disgruntled family members, a probate lawyer is instrumental in smoothing out succession issues.Navigating Court ProcessesThe probate process can be a maze of court procedures and paperwork. A probate lawyer is well versed in these procedures, adept at navigating the legal terrain, and can guide you through court processes with ease. Whether its submitting the will to the court, handling creditor claims against the estate, or representing the estate in any legal disputes, a seasoned probate lawyer can help you navigate these processes, reducing the stress and time involved.Distributing Property According to the Will or Estate PlanOne of the most crucial roles of a probate lawyer is ensuring the appropriate distribution of property according to the will or estate plan. They are responsible for interpreting the will or trust, identifying the beneficiaries, and overseeing the distribution of assets. This process can be tricky, especially in cases where the will is ambiguous or contested. Here, a probate lawyers expertise is invaluable. They can interpret the nuances of the will, resolve any disputes, and ensure a fair distribution of the estate.In essence, a probate lawyer plays a pivotal role in estate administration, acting as a torchbearer through the complex corridors of probate law. They offer a blend of legal expertise, negotiation skills, and a sympathetic ear, ensuring that your loved ones final wishes are respected and carried out with dignity and fairness.How to Choose the Best Probate LawyerChoosing the right probate lawyer is a critical step towards ensuring a smooth and seamless probate process. Here are some key factors to consider as you embark on this process.Consider Their ExperienceExperience is a vital factor when selecting a probate lawyer. An experienced attorney will have a deep understanding of probate law, court processes, and estate administration. They will have dealt with a wide array of cases and scenarios, allowing them to provide expert advice and guidance. Dont shy away from asking potential lawyers about their years of practice, the types of cases theyve handled, and their track record in probate litigation.Understand Their FeesUnderstandably, the cost of hiring a probate lawyer is a crucial aspect to consider. Lawyers fee structures are generally either hourly or flat fees. Make sure to ask how their fees are structured and if they can provide an estimate of the total cost for your case. Remember, its essential to balance cost with quality an experienced, knowledgeable lawyer may be worth a higher fee.Research Their Disciplinary RecordBefore making your final decision, its always a good idea to research the lawyers disciplinary record. Each state has an organization that monitors lawyers, their licenses, and consumer complaints. This research can help you ensure the lawyer is currently licensed to practice in your state, understand their historical disciplinary record, and determine the seriousness of any complaints or issues.Choosing the best probate lawyer is a crucial decision that should be made with careful consideration. By factoring in their experience, understanding their fees, and researching their disciplinary record, you are more likely to find a lawyer who can expertly navigate the probate process, safeguarding your interests and those of your loved ones.Why Choose Our Law Firm for Your Probate NeedsWhen it comes to dealing with sensitive matters like probate, you need a law firm that not only possesses the legal expertise, but also the ethical standards and commitment to serving your best interests. Thats where Burr Law comes in. We are proud of our core values of integrity, open communication, trust, and optimism, which are deeply embedded in our approach to handling probate cases.Our Commitment to IntegrityIntegrity is at the core of our practice at Burr Law. As your probate lawyer, we never compromise on the interests of our clients. We understand that this process can be emotionally challenging and daunting, and we want you to know that you can trust us to have your back. We are committed to serving your best interests, ensuring that your loved ones estate is administered according to the law.Our Emphasis on CommunicationProbate law can be complex and its essential that your lawyer is able to clearly explain every step of the process to you. At Burr Law, we prioritize open, two-way communication. We listen to your concerns, answer your questions, and provide clear and candid advice. Our goal is to build a relationship of trust with our clients, making sure you feel comfortable and informed at every stage of the probate process.Our TrustworthinessChoosing the right probate lawyer means finding someone you can trust implicitly. We take that trust seriously. Our team is dedicated to serving your best interests, striving to ensure a smooth, stress-free probate process. Whether its handling succession issues, navigating court processes, or distributing property according to the will or estate plan, you can trust that we are working diligently to manage every aspect of your case.Our Optimism in Serving Your Best InterestsAt Burr Law, we approach every case with optimism, believing that we can help our clients achieve the best possible outcomes. Dealing with probate is difficult, but were committed to making the process as painless as possible. Were not just your legal advisors. Were also your allies, working to resolve your probate case in a way that honors your loved ones legacy.Choosing the best probate lawyer is a decision that should not be taken lightly. At Burr Law, were confident that our commitment to integrity, open communication, trust, and optimism make us the ideal choice to handle your probate needs. Let us help you navigate this challenging process with the confidence and peace of mind you deserve.ConclusionChoosing the best probate lawyer doesnt have to be an uphill task. With a clear understanding of probate law, the roles of a probate lawyer, and by considering key factors like experience, fees, location, and disciplinary records, youre well on your way to making an informed decision. Aurora, Colorado, boasts some of the finest probate lawyers. At Burr Law, we set ourselves apart with our steadfast commitment to integrity, open communication, trust, and optimism.Remember, estate planning and probate matters require not only a deep understanding of the law but also sensitivity to the emotional difficulties that often accompany these issues. Our team strives to provide a balance of both, offering expert legal advice within a compassionate and empathetic environment.At Burr Law, we believe that our clients are more than just case numbers. We view each client as a unique individual with distinct needs and goals. This personalized approach allows us to provide tailored solutions that protect your best interests and those of your loved ones.Navigating probate processes can be daunting, but with the right legal partner, you can move forward with confidence. When dealing with the loss of a loved one, Burr Law is here to guide you every step of the way.Ensuring an estate is handled according to your wishes requires the right kind of probate lawyer. Make the right choice today choose Burr Law for your probate needs. Contact us to schedule a free 15-minute consultation and let us show you why were the best choice for probate law in Aurora, Colorado 720-500-2076.
When a loved one passes away, their assets dont automatically go to their beneficiaries. Instead, they often go through probatethe legal process that settles a persons estate. But heres the catch: probate benefits creditors and the state first, not your family. If you want to ensure your loved ones receive their inheritance without delays, court fees, or unnecessary taxes, avoiding probate is key. What is Probate, and Who Does It Serve? Probate is a state-managed process that determines how a deceased persons assets are distributed. Most people assume its about making sure beneficiaries get their inheritance, but in reality, probate prioritizes: Creditors Any outstanding debts must be paid before the family receives anything. The Pennsylvania Department of Revenue The state collects inheritance tax before funds are distributed. The Court System Probate takes time, and courts often require attorney involvement, adding more costs. Only after these obligations are met do beneficiaries receive what remains. Unfortunately, this process can take months or even years, leaving families in financial limbo. Why Avoiding Probate is Beneficial By avoiding probate, you can: Speed up the inheritance process Beneficiaries receive assets faster. Reduce legal fees & court costs Probate can be expensive and time-consuming. Minimize stress for your loved ones No court battles or paperwork nightmares. How to Keep Your Assets Out of Probate The good news? You can take steps now to avoid probate altogether. Heres how: 1 Create a Revocable Living Trust Assets in a trust bypass probate and go directly to your beneficiaries. 2 Name Beneficiaries on Financial Accounts Payable-on-Death (POD) and Transfer-on-Death (TOD) designations let accounts transfer automatically. 3 Own Property Jointly In Pennsylvania, joint tenancy with right of survivorship keeps real estate out of probate. Take Action NowBefore Its Too Late Probate can be a long, expensive, and frustrating process for families already dealing with loss. The best way to protect your loved ones from unnecessary stress is to plan ahead. Lets discuss your options to keep your assets where they belongwith your family. Schedule a free consultation today: https://book.entrustedlegacy.law/#/introcall
Coping with the loss of a loved one is difficult. We hope this information will help you focus on what you need to do and what you may wish to delegate to friends and family. This brochure will provide you with some basic information on what you may need to know in the first few days following a death. You should establish an early relationship with your attorney to assure that all matters are properly addressed. Seeking your attorneys advice before you act may avoid more costly legal services later.Take Care against Unethical PersonsIn the period following the loss of a loved one, be careful before accepting any telephone or mail solicitation. Carefully scrutinize invoices for validity, as it is possible to receive fraudulent invoices. Avoid lifestyle changes for a period to allow for reflection on how the loss will affect the surviving family and friends.Avoid Immediate Collection of BenefitsAvoid transferring title to assets or making claims as a beneficiary until considering whether either a tax or non-tax reason exists for refusing to receive an asset. Even though the account executive wants to be helpful, you may lose an important tax advantage if you accept an asset. An attorney can help you find the best approach.Veterans Benefits and Social SecurityThe mortuary may assist you with the paperwork for both VA and Social Security benefits. For information on VA benefits, call the nearest VA listing for Benefits Information and Assistance. For Social Security benefits, call the Social Security Administration immediately. Call (800) 772-1213. Be prepared to identify the deceaseds: relationship to you Social Security or VA claim number date of birth date of death place of death surviving spouse or next of kin medical history that bears on whether the death is service related or notIf you do not know the VA number, then provide: service number dates of active serviceYour call will stop the monthly payments. Usually, the VA will automatically withdraw any payments made via direct deposit after the date of death. If this does not happen, you must return the check for the month of death.Social Security monthly benefits are available to the surviving spouse and to children under 18 and certain disabled children. Benefits include a lump sum death benefit. Ask for the Social Security Survivors brochure.Veterans benefits may be available to the surviving spouse. Benefits may include a lump sum death benefit; if death was service connected, a continuing monthly payment to the surviving spouse, and financial assistance with funeral expenses and cemetery plot, or burial in a national cemetery. Ask for the Federal Benefits for Veterans and Dependents publication.Our office has helped many grieving families and friends with the difficult matters that need to be handled after a loved one's death. We understand the pain of the loss can make these matters extremely stressful and we try to assist in a way that alleviates some of the pressure.
Mortellaro Law, Elder Law AttorneyFloridas Highest-Rated Elder Law and Estate Planning AttorneyELDER LAWNavigating the complexities of elder law can be challenging. From Medicaid benefits to VA benefits, our firm specializes in providing the legal guidance necessary to ensure that you or your loved one receives the care and support needed.ESTATE PLANNINGPlanning for the future is essential. Our comprehensive estate planning services include drafting wills, setting up trusts, and preparing healthcare directives to ensure your wishes are respected and your assets are protected.ASSET PROTECTIONProtecting your assets is crucial. We offer strategies to safeguard your wealth from potential risks, ensuring that your legacy is preserved for future generations.PROBATE LAWThe probate process can be daunting. Our experienced attorneys will guide you through the administration of estates, providing the expertise needed to resolve matters efficiently and effectively.RESOURCESMedicaid BenefitsMedicaid PlanningQualified Income TrustVA BenefitsSCHEDULE A FREE CONSULTATIONGive us a call at (813) 367-1500 or fill out the following form to get in touch with one of our representatives. Well get back to you as soon as possible.
Mortellaro Law, Elder Law AttorneyFloridas Highest-Rated Elder Law and Estate Planning AttorneyELDER LAWNavigating the complexities of elder law can be challenging. From Medicaid benefits to VA benefits, our firm specializes in providing the legal guidance necessary to ensure that you or your loved one receives the care and support needed.ESTATE PLANNINGPlanning for the future is essential. Our comprehensive estate planning services include drafting wills, setting up trusts, and preparing healthcare directives to ensure your wishes are respected and your assets are protected.ASSET PROTECTIONProtecting your assets is crucial. We offer strategies to safeguard your wealth from potential risks, ensuring that your legacy is preserved for future generations.PROBATE LAWThe probate process can be daunting. Our experienced attorneys will guide you through the administration of estates, providing the expertise needed to resolve matters efficiently and effectively.RESOURCESMedicaid BenefitsMedicaid PlanningQualified Income TrustVA BenefitsSCHEDULE A FREE CONSULTATIONGive us a call at (813) 367-1500 or fill out the following form to get in touch with one of our representatives. Well get back to you as soon as possible.
Mortellaro Law, Elder Law AttorneyFloridas Highest-Rated Elder Law and Estate Planning AttorneyELDER LAWNavigating the complexities of elder law can be challenging. From Medicaid benefits to VA benefits, our firm specializes in providing the legal guidance necessary to ensure that you or your loved one receives the care and support needed.ESTATE PLANNINGPlanning for the future is essential. Our comprehensive estate planning services include drafting wills, setting up trusts, and preparing healthcare directives to ensure your wishes are respected and your assets are protected.ASSET PROTECTIONProtecting your assets is crucial. We offer strategies to safeguard your wealth from potential risks, ensuring that your legacy is preserved for future generations.PROBATE LAWThe probate process can be daunting. Our experienced attorneys will guide you through the administration of estates, providing the expertise needed to resolve matters efficiently and effectively.RESOURCESMedicaid BenefitsMedicaid PlanningQualified Income TrustVA BenefitsSCHEDULE A FREE CONSULTATIONGive us a call at (813) 367-1500 or fill out the following form to get in touch with one of our representatives. Well get back to you as soon as possible.