Winter Park Probate Attorney
Legal Representation for Personal Representatives
Have you been appointed a personal representative of a loved one's
estate? If so, you have a large responsibility on your shoulders. You would be
wise to engage the assistance of a Winter Park probate attorney from Richard
A. Heller, P.A. With nearly 58 years of collective legal experience and
with an A+ Rating from the
Better Business Bureau (BBB), we are prepared to help you perform your duties seamlessly and
eliminate the confusion commonly associated with handling a decedent's estate.
Probate and Estate Administration
Probate is the process of validating a
will and settling a decedent's estate. With probate, a personal representative
is appointed by the court to perform the following duties:
- Collect and inventory the decedent's assets
- Manage investments
- Collect any rental income
- Notify creditors and beneficiaries
- Pay off debts against the estate, creditors' claims and taxes
- If there are remaining assets, distribute them among the beneficiaries
- Provide accountings to the court
Typically the will names a personal representative to administer the estate.
If the decedent died without a will, then their property is distributed
according to Florida law. The person holding the will must deposit the
original will with the Clerk of the Circuit Court within 10 days of finding
out that the person is deceased. The will is deposited with the Clerk
of the Circuit Court in the county where the decedent resided.
There are two basic types of proceedings for administering a decedent's estate:
- Formal Administration – This type of proceeding is used when there
are a considerable amount of assets.
- Summary Administration – This proceeding is for smaller estates where
the value does not exceed $75,000, or when the decedent has been dead
for over two years.
According to Rule 5.030 of the Florida Probate Rules, a personal representative
must be represented by an attorney who is admitted to practice in Florida
unless the personal representative is the sole interested person (the
only person who stands to inherit from the estate).
Request a Free Case Evaluation
If you have been appointed as a personal representative of an estate, we
encourage you to
contact a Winter Park probate attorney at our office. In a
free consultation, we will answer your questions and help you better understand your duties
as a personal representative. Should you choose to work with us, we will
guide you through every phase of the probate process so you can perform
your duties as smoothly and efficiently as possible.
Contact us today to find out how we can help simplify the probate process for you!
Notice: Due to COVID-19, we may schedule telephone and Zoom consultations
and are available via Facetime, Skype, and Messenger. Please don’t
hesitate to call us if you have any questions!