Palm Coast Probate Lawyer

Palm Coast Probate Attorney

When your loved one passes on, it can be overwhelming to decide how their assets will be handled and distributed. Luckily, a qualified Palm Coast probate lawyer can help you with the process. A probate lawyer can manage the probate of your loved one’s estate so you can focus on the grieving process.

Although probate is necessary for many people, it can be a complicated process, with intricate steps that must go through the court system. At The Preston Law Firm, we have an intimate knowledge of this process and have assisted many clients, whether heirs or executors, in making sure their loved one’s final wishes are granted.

What Is Probate?

In Florida, probate is the legal process for distributing a person’s assets to the appropriate beneficiaries and heirs upon their passing. While most people should make an estate plan, probate is only for people who have a certain amount of assets. In many cases, it is wise to hire a lawyer for probate, as it can be a complex process that requires a series of meticulous steps.

Some of the assets that must go through probate include:

• Bank accounts
• Investment accounts
• Life insurance policies
• Retirement accounts
• Real estate solely owned by the decedent

Assets that were jointly owned by the decedent and their spouse, for instance, do not have to go through probate. In addition to managing and distributing the decedent’s assets, probate is also a process for paying off creditors.

Probate Requirements in Florida

In Florida, there are two avenues for probate: formal administration and summary administration. Summary administration is for small estates valued at $75,000 or less, and formal administration is the traditional process for larger estates. Considering the median household income for Palm Coast is close to the threshold at $71,840 and steadily increasing, a significant number of residents’ estates may require probate.

Probate is handled in the circuit court in which the decedent lived. For Palm Coast, the county court is the Flagler County Circuit Court at 1769 E. Moody Boulevard, Bunnell, FL 32110. The filing fee is $235 or $345 for summary administration and $400 for formal administration.

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The Probate Process in Florida

In Florida, the probate process involves several steps and legal documents. The forms are not available online, so you must consult your lawyer to determine which forms you need to begin the process. For formal administration, the steps are as follows:

• Filing the will. The decedents’ will should be filed with the Flagler County Circuit Court. Typically, the personal representative is named in the decedent’s will. However, if there is no will or no representative named, the court will appoint one.
• File a petition. The personal representative should file a petition to begin the process and be formally named to handle the decedent’s estate. The lawyer can help the representative prepare the petition. The representative will then be responsible for the estate, from paying off debts to distributing assets.
• Notifying beneficiaries. The court will formally notify the beneficiaries that the estate is going through probate.
• Identifying assets. As a crucial step, all the assets that must go through probate are identified and secured. These assets may be used to pay off debts, with the rest being distributed to the beneficiaries.
• Pay debts and taxes. Before the assets can be distributed, the personal representative must identify and pay off any debts owed by the decedent. They must also pay any outstanding tax debts.
• Distribute the assets. Once debts and taxes are paid, the personal representative can then distribute the assets to the beneficiaries named in the will. If there is no will, the court will determine the beneficiaries, who are usually the next of kin.
• Close the estate. With the help of the lawyer, the personal representative can then close the decedent’s estate, thus completing the probate process.

FAQs

Contact a Strategic Probate Lawyer Today

Handling and even discussing your loved one’s assets once they die can be an emotional process. Most people would rather spend their time healing than sorting through paperwork and confusing legal jargon. A probate lawyer can be a great source of relief from this burden. At The Preston Law Firm, we are more than qualified to guide you through the process and ease some of your stress.

If you are an heir or executor and need help navigating the probate process, you should consider contacting us today for a consultation. We can provide you with compassionate and personalized attention so your loved one’s will can be carried out lawfully.