Probate is the legal process of transferring assets from the name of the deceased to the name of chosen beneficiaries, or if there are no beneficiaries, to the name of the rightful heirs as decided by the court. While it can be as simple as distributing assets as directed by the deceased's will, there are a number of formal procedures that are necessary in order to avoid conflict among family members and creditors who make a claim against the estate. It is to your advantage to obtain the assistance of a probate lawyer who can guide you through the process and protect your rights.
At the law firm of Hedman & Wooten, P.A., we leverage more than 50 years of combined experience in assisting clients with probate. We thoroughly prepare our clients for what to expect, answering their questions and giving honest feedback about their concerns. From simple administration to complex asset transfers, we are here to help ensure that legal obligations are fulfilled so you can focus on mourning the loss of your loved one.
Contact our Brevard County law office online or call 321-252-4977 or toll free 866-710-5717 to speak with one of our attorneys about your probate needs.
The Probate Process
While each situation is different, a brief overview of the probate process is as follows.
The estate's Personal Representative will file a formal Petition for Administration with the probate court. He or she is also responsible for notifying any creditors of the administration of the estate, paying any necessary bills or taxes, and distributing the assets according to the wishes of the deceased.
Beneficiaries are notified of the estate administration and can dispute the transferring of assets if necessary. If no dispute exists, the transferring of assets will continue with little more than supervision by a probate judge. If a concern does arise, the beneficiaries and their attorneys will strive to resolve the matter either peacefully or through probate litigation.
The entire process can take as little as 60 days or over a year, depending on the complexity of the estate and the issues involved. Our firm is available to represent our clients, whether as the Personal Representative, a beneficiary, surviving spouse or creditor or claimant in the estate.
Our goal in any probate case is to make the process go as smoothly as possible. Sometimes, however, conflicts arise that cannot be resolved through discussion and negotiations. We are ready to represent your interests in probate litigation, if necessary.
Our lawyers offer guidance in all matters of probate litigation, including:
•· Will contests
•· Undue influence or incompetency claims
•· Improper administration
•· Clearing title to real property
•· Partition actions
Contact our office in Merritt Island, Florida, to discuss your probate concerns with one of our experienced lawyers today.