If you have recently lost a loved one, you will know that grief can be all-consuming, leaving you with little capacity to deal with the complicated administrative processes that follow a family member’s passing. Indeed, it is completely normal to feel overwhelmed as you try to adjust to life without your loved one, while also planning their funeral, taking care of medical expenses, sorting through their belongings, and so on.
At the Law Offices of Gary I. Handin, P.A., we strive to give you one less thing to worry about in your time of bereavement: our experienced probate attorney will ensure that all probate proceedings will be diligently and comprehensively taken care of so that you can focus on healing after your loss.
Based in Coral Springs, our probate attorney has assisted hundreds of families from Parkland, Tamarac, Margate, and the broader Broward County area with compassionate legal representation, and would be honored to do the same for you and your family.
What Is Probate?
In terms of Florida law, if a person owns any assets in their name at the time of their passing, their estate will need to go through a legal process called ‘probate’.
Probate is the process in terms of which a deceased person’s assets are identified and distributed to their beneficiaries once any creditor’s claims to the estate have been settled. Probate is a court-supervised process, and is required regardless of whether the deceased person – or decedent – left a will or died intestate (that is, without leaving a valid will).
Note that probate is also required when the decedent co-owned assets with another individual but no provision has been made for automatic succession of ownership on death. In some cases, where the deceased has carefully planned to avoid probate proceedings with a Wills, Trusts, and Probate Attorney through the use of trusts and other estate planning mechanisms, probate may not be necessary.
The Florida Probate Code requires that the personal representative (sometimes referred to as the executor) of the decedent’s estate hire a probate attorney to represent them throughout the probate proceedings. Only in circumstances where the personal representative is the only beneficiary of the estate is this not a requirement.
Types of Probate Administration
Probate is a state-specific legal process. While our probate attorney practices in Coral Springs and the surrounding Broward County cities of Parkland, Tamarac, and Margate, we can handle probate proceedings throughout the state of Florida and we also have colleagues available to represent our New York clients with probate proceedings. Under Florida law, there are two types of probate processes: summary administration and formal administration.
Summary Administration
Summary administration should be used wherever possible as it is a much quicker and cheaper process than formal administration. A decedent’s estate may be probated by way of summary administration if it holds less than $75,000.00 in assets or if the decedent died more than two years previously. While the less formal and more streamlined, our probate attorney recommends families only opt for summary administration in circumstances where their loved one’s will is uncontested and there are very few creditors’ claims on the estate. If, on the other hand, there are multiple creditors making claims to the estate or the will is contested, formal administration is the more appropriate process to follow.
Formal administration
Formal administration is a lengthier, more expensive, and more complex administrative process. If your loved one’s estate is required to go through formal probate administration, you want to ensure that you have only the most reputable and experienced probate attorney in Coral Springs by your side. During formal administration, several hurdles may arise, such as unanticipated creditors’ claims, taxation complications, and estranged family members contesting your loved one’s will. With a skilled and experienced lawyer representing your loved one’s estate, you will be able to face these challenges with greater peace of mind.
Why Should You Hire A Probate Attorney?
After years of service as a probate attorney in Coral Springs and surrounding areas, our veteran lawyer Gary I. Handin appreciates that many grieving families are unaware of the intricacies of the probate process and the proper role of a probate attorney. Yet you and your family must understand what to expect from your attorney so that you can be sure you are receiving proper legal representation.
Your attorney should be intimately familiar with the legal and administrative probate procedures in your county to ensure that probate proceedings run as smoothly as possible. Ideally, they should be assisted by highly capable clerks and support staff who have developed a sound understanding of the particular administrative procedures required by the clerk of the circuit court in your county.
Probate involves several documents to be prepared and legal papers to be filed. Your attorney should therefore have excellent attention to detail and organizational skills, as even a minor error in paperwork can cause lengthy delays in the process.
Your attorney must also be prepared to make additional filings and present argument to the court if necessary, for example, if your loved one’s will becomes contested or competing creditors’ claims emerge. Particularly in cases like these, it is essential that your lawyer has a deep and up-to-date knowledge of the applicable probate laws, outstanding drafting and communication skills, and is well-known and respected by the officials of the circuit court.
Choosing The Right Probate Attorney For You
There are countless probate attorneys in Coral Springs, Parkland, Tamarac, Margate, and beyond. Choosing the right attorney can be daunting. You need to look for someone who has years of experience behind them, has received favorable reviews and references from previous clients, has an approachable and compassionate manner, is responsive and reliable, and is generally known for excellent client service.
Many probate attorneys offer preliminary consultations so you can get to know their communication style and approach to handling probate matters. Remember, you will be relying heavily on your lawyer during a very difficult period of your life, so it is important to choose an attorney you trust and feel comfortable with.
Look No Further For A Coral Springs Probate Attorney
By hiring a reputable probate attorney, you will save yourself from frustrating delays, unnecessary expenses, and prolonged administrative burdens during your time of personal loss.
The Law Offices of Gary I. Handin, P.A., has represented countless Florida families in probate proceedings, both contested and uncontested. Our track record of excellent probate representation also extends to Parkland, Tamarac, Margate, and surrounding throughout Florida.
We strive to provide all our clients with meticulous, efficient, and compassionate legal representation in their time of need. For outstanding legal support during the emotionally difficult and administratively complex probate process, call us today at 1-877-815-4560.