When a loved one passes away, it’s important to understand what happens to their financial assets. The process can look different for everyone, depending on the amount of estate planning the decedent does before they move on. In many cases, their assets have to go through a legal process known as probate. A Flagler Beach probate lawyer can help you if this is the case.
Navigating the death of a loved one can be overwhelming and confusing, which is why our Flagler Beach estate planning lawyers at The Preston Law Firm are proud to offer comprehensive services to help our clients through every stage of the probate process. Whether you have a few simple questions or you need hands-on assistance, you can count on our attorneys to be there for you.
Probate is the legal process of validating a person’s estate so assets can be distributed to the proper beneficiaries or heirs and debts can be paid to creditors. Probate cases are filed in There were a total of 589 probate cases filed in Flagler County in 2023 and another 358 in the first six months of 2024.
Probate is a necessary process for any property that hasn’t already been assigned a beneficiary or rights of survivorship. A simple way to assign beneficiaries or heirs to assets is through a trust. Property with rights of survivorship includes anything that states that another party legally gets full ownership upon your death. If no will is found, the court follows state rules to divide the estate, which can delay the process.
The death rate in Flagler County has been on the decline in recent years. The age-adjusted death rate is currently at about 757.2 per 100,000. In 2023, there were 1,747 deaths reported in Flagler County. If you’re dealing with the death of a loved one, a Flagler Beach estate planning lawyer can help you through the probate process so you can focus on moving forward with your life.
There are two main types of probate in Florida: summary administration and formal administration. Which type of probate you go through depends on the details of the estate. Summary probate is for estates that are valued at less than $75,000 or belong to a decedent who passed away over two years ago.
Formal administration is reserved for more complex estates valued at $75,000 or more. You can typically expect this type of estate administration process to take a longer time and be more costly than summary administration. Regardless of which type you choose, you can turn to a Flagler Beach probate lawyer from The Preston Law Firm to be there for you.
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While you’re not required to work with a probate lawyer, it’s highly recommended that you do. Working with the right legal professional can make all the difference in your case.
In addition to educating you about the probate process and providing advice and guidance, your attorney can develop unique legal strategies and find unique solutions to ensure all assets are protected and are going into the right hands.
When you choose The Preston Law Firm as your Flagler Beach probate lawyer, you’re choosing experience, professionalism, personalized attention, and timely resolution, no matter the details of your case.
A: In Florida, all property owned by a decedent can be subject to probate. The only exception to this rule is for any property that has a named beneficiary or rights of survivorship. Creating a trust is a good way to name beneficiaries for your assets.
As an example of rights of survivorship, the home of a decedent would not have to go through probate due to the deed indicating their spouse gets full ownership of the property upon their death.
While it can be difficult to predict exactly what the probate process looks like for you, it is possible to evaluate your situation and give you the right tools to guide you through your case so you can move forward with your life.
At The Preston Law Firm, our team works alongside you from the start to help you make important decisions about your assets, all the way through the closed probate case to ensure everything goes smoothly. If you’re ready to take on the probate process, let one of our Flagler Beach probate lawyers help. Give us a call to set up an appointment, and we can get started right away.
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