Probate and Probate Litigation
Navigating probate can be complex, and legal assistance is often crucial. We can guide you through the process, ensuring that all legal requirements are met and protecting your interests.
Find clarity and peace of mind
Facing the probate process in Florida can feel overwhelming, but you don’t have to navigate it alone. At Salvation Legal, we specialize in transforming the complex world of probate into a smooth and understandable journey. Our compassionate and skilled team is dedicated to guiding you through every step, ensuring your focus stays on what matters most – moving forward.
Our Probate Services:
- Effortless Handling of Personal Property: Avoid the probate administration hassle while ensuring proper distribution of personal assets.
- Streamlined Summary and Ancillary Probate: Whether dealing with straightforward cases or probate matters that span multiple jurisdictions, we manage the process efficiently.
- Meticulous Formal Probate Administration: For more complex estates, our detailed approach ensures every aspect is handled with precision and care.
- Expertise in Contesting Wills and Trusts: If you’re facing disputes over wills or trusts, our team has the expertise to represent your interests effectively.
- Skilled Probate Litigation: In cases where litigation is unavoidable, rely on our experience to navigate these challenging waters with confidence.
At Salvation Legal, we’re more than just your attorneys; we’re your partners in this journey. Let us take on the legal burdens, leaving you free to focus on the future. Trust us to handle your probate needs with the utmost care and professionalism.
Welcome to Our Probate Services
Expert Guidance Through the Probate Process
What is Probate?
Probate is a legal process that occurs after someone passes away. It involves the orderly distribution of their assets, settlement of debts, and ensuring that their wishes are carried out. When a person has assets solely in their name, probate is typically required to legally transfer those assets to their beneficiaries.
When is Probate Required?
Probate is usually required when the deceased person owned property or assets solely in their name. This includes real estate, bank accounts, investments, and personal belongings. Assets held in joint tenancy, trusts, or with designated beneficiaries often bypass probate.
Timeframe
The duration of probate can vary widely, but it often takes several months to a year or more, depending on factors such as the complexity of the estate and potential legal challenges.
How Does Probate Work?
The probate process generally follows these steps:
1. Filing a Petition: The process begins by filing a petition with the court to open the probate case.
2. Executor’s Appointment: The court appoints an executor, often named in the deceased’s will, to manage the estate.
3. Asset Inventory: The executor identifies and catalogs all assets owned by the deceased.
4. Notifying Creditors: Creditors are notified, and their claims are reviewed and settled using estate funds.
5. Distribution: Remaining assets are distributed to beneficiaries according to the will or state laws if there is no will.
6. Final Accounting: The executor provides a final accounting to the court, demonstrating that all debts and taxes have been paid, and the estate is ready to be closed.
Executor’s Role
The executor is responsible for managing the deceased person’s affairs during probate. Their duties include:
- Notifying beneficiaries and creditors.
- Identifying and safeguarding assets.
- Paying debts, taxes, and expenses from the estate.
- Distributing remaining assets to beneficiaries.
Avoiding Probate
There are ways to potentially avoid or simplify probate:
- Creating a Living Trust: Assets held in a living trust bypass probate and can be distributed according to your wishes.
- Joint Ownership: Assets held jointly with right of survivorship pass directly to the co-owner.
- Beneficiary Designations: Designate beneficiaries on accounts and insurance policies to avoid probate.
Salvation Legal
Strong by your side
Every Connection Starts with Understanding
We believe in building strong, understanding relationships. Our team listens deeply and responds with compassion, creating a nurturing environment where you feel genuinely supported.
Expertise and Honesty: Count on us for Trusted Solutions
Trust in our blend of professional knowledge and unwavering ethical standards. Our expertise is your assurance of receiving informed, honest advice and solutions that truly serve your best interests.
Personalized Solutions Focused on Your Needs
Your individual needs guide our services. We don’t believe in one-size-fits-all solutions; instead, we tailor our approach to fit your unique circumstances, ensuring a personalized experience that truly resonates with your specific requirements.
Meet our Attorney
Rafael A. Diaz
Managing Attorney
Meet Rafael A. Diaz, the driving force behind Salvation Legal as its Managing Attorney. Born in Colombia and raised in South Florida, Rafael's journey in law is marked by a deep commitment to ethical practice and client-focused service. Founding Salvation Legal in 2021, he brought with him a wealth of experience from various legal realms, including commercial, personal injury, and property litigation. A transformative personal journey in 2020 shifted his focus to using his legal expertise for serving others. Rafael is known for his clear communication, ethical approach, and fierce advocacy for every client. Outside the courtroom, he's a family man, devoted to his wife, son, and two dogs, and a passionate football fan. Rafael is also a fluent Spanish speaker, bridging communication gaps in the community.
FAQs
Q: Can probate be avoided entirely?
A: While it can often be minimized, some level of probate is typically required for assets solely in the deceased’s name. Estate planning tools like living trusts can help reduce probate.
Q: How much does probate cost?
A: Probate costs can vary, including court fees and legal fees. Our team can provide an estimate based on your specific circumstances.
Q: Can I serve as an executor if I’m not a family member?
A: Yes, individuals who are not family members can serve as executors, but they must meet certain legal qualifications.
Ready to navigate the probate process with confidence?
Contact us today for a consultation with our skilled probate attorneys.