Probate And Estate Administration

Probate Concerns Everyone Should Know

When a person dies, no matter who they are, their estate will go through some form of the Florida probate process. The length of the process and the impacts to your family will largely be determined by the plan you develop with your lawyer.

The Estate Planning Law Office of Mary Alice Gwynn, PA, will prepare you for the most important parts of the probate process by asking you these questions:

Do You Have A Will?

Having a certified, legal will guides the probate process. It is the clearest and most widely used way to direct your estate. Without a will your estate will be divided according to Florida law without considering your wishes.

Who Is Your Personal Representative?

In Florida, the person who is responsible for filing forms and executing the wishes of a will is the personal representative. Choosing your personal representative and letting them understand their responsibilities will allow you to have faith in the future of your fortune.

What Type Of Probate Administration Should We Pursue?

The probate administration process can come in two main forms: formal administration and summary administration. Which one your property will go through will depend on your situation. For smaller estates, there is a possibility to dispose of the estate without probate.

What Assets Do You Have That Will Not Go Through Probate?

Common assets that avoid probate are:

  • Property in a trust
  • Real estate jointly owned with survivorship rights
  • Life insurance policies
  • Financial accounts with some form of designated beneficiary

Knowing what you have that will, or what you have that you would like to, avoid probate will determine our strategy. It all depends on what works best for you.

What Questions Do You Have?

These are only some questions for us to work with you to get a full answer. We can guide you in all areas of estate and probate including litigation needs.  Contact us today via email at our Delray Beach office for a free consultation with an attorney. You may also call us at  561-330-5306. We speak English and hablamos Español for your convenience.