EXCEPTIONAL LEGAL COUNSEL

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 60 years of collective legal experience, an A+ accreditation from the Better Business Bureau, a top Superb Rating from AVVO, and a Distinguished Rating by Martindale-Hubbell®, we are prepared to help you perform your duties seamlessly and eliminate the confusion commonly associated with handling a decedent's estate.

Commonly Asked Questions

What is probate?

Probate is the legal process of administering the estate of a deceased person, resolving any claims against the estate, and distributing the deceased person's property to the beneficiaries.

Why do I need a probate attorney?

A probate attorney can provide guidance and assistance throughout the probate process, ensuring that all legal requirements are met, minimizing the potential for disputes, and helping to expedite the distribution of assets.

What are the responsibilities of a personal representative?

A personal representative, also known as an executor or administrator, is responsible for managing the deceased person's estate. This includes inventorying assets, paying debts and taxes, and distributing assets to beneficiaries.

How long does probate take?

The duration of probate can vary depending on the complexity of the estate, the presence of disputes, and the efficiency of the probate process. It can range from several months to multiple years.

Can probate be avoided?

In some cases, probate can be avoided through estate planning strategies such as establishing a living trust or designating beneficiaries for certain assets. Consulting with an attorney can help determine the best approach for your situation.

What happens if someone contests a will?

If someone contests a will, it means they are challenging its validity. This can lead to a legal dispute and potentially delay the probate process. The court will ultimately decide the validity of the will based on the evidence presented.


Contact our Winter Park probate attorney online or by calling (407) 501-4052 today!


 

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.

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).


Contact us today to find out how we can help simplify the probate process for you!


What You Can Expect
  • Free Case Evaluations
    We offer free case evaluations to all prospective clients! Reach out to us today to schedule some time to speak with a seasoned attorney.
  • Flexible Payment Plans
    We do our best to accommodate our clients' financial situations by offering flexible payment plans.
  • Spanish Services Available
    Se habla español! We offer our services in both English and Spanish.
  • Experience
    With nearly 60 years of combined experience, our team of attorneys has the knowledge to handle your estate planning, family law, or elder law matters with efficiency and skill.

Put Your Case in Capable Hands Contact Us Today

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