Understanding Probate

Upon your death, you leave behind an estate. This consists of all of your assets, such as your money, property, and possessions. However, it also includes debts, such as expenses and unpaid taxes.

Upon your death, someone needs to assume control of your estate and settle your outstanding affairs. This representative, or executor, guides your estate through what is known as probate. If you reside in Orlando, Ocala, or Dayton Beach, and you have any questions about how to probate wills, or about naming or acting as the executor of an estate, contact experienced Daytona Beach probate lawyers immediately.

Probating a Will in Daytona Beach

Probate in Daytona Beach or any other part of Florida is a court-supervised process occurring in the state of your residence at the time of your passing. Probate wraps up all of your financial affairs following your death. The proceedings take place in the state where you were living at the time of your death. Your estate may undergo ancillary probate—more than one probate process—if you owned property in more than one state at the time of your death.

Your choice of executor must be approved by the court upon your death. Your choice is generally only turned down if there is some issue with your , or your nominated executor fails to meet certain state guidelines. Should your will not name an executor, or that executor cannot serve, the court appoints an administrator to settle your estate and follow the terms of your will.

If you have any questions about the probate process in Daytona Beach or any other part of Florida, contact experienced Daytona Beach probate lawyer Jerry B. Wells today.

Myths about Wills and Probate in Florida

• Estate planning is for the rich. Anyone who owns property or has minor children needs a will to avoid being subject to the intestacy laws of their state of residence.
• If I die with no will, everything goes to my spouse. This is not always true, and can lead to great confusion among spouses, children, and children from previous marriages.
• Having a will means avoiding probate. All wills are subject to probate, in which the court determines whether the will is valid. The process of probating a will can take several months and be quite expensive. There are other ways to avoid probate, such as establishing trusts.
• Wills or living trusts handle all issues. There are many issues that need be handled once wills or living trusts are defined such as the re-titling of property.
Living wills, under Florida will law can also be subject to contest like any other legal wills.
• You are responsible for the debts of a deceased parent. Generally, children are not responsible for debts of parents. Even spousal obligations may be limited.

If you have any questions about the many myths and misconceptions surrounding the probate process in Daytona Beach, Ocala, Orlando, or any other part of Florida, contact  Daytona Beach probate lawyer  Jerry B. Wells.

Seek a Good Probate Attorney in Daytona Beach

While no state requires beneficiaries or survivors of a decedent to retain a probate attorney, doing so can mean the difference between retaining the rightful amount of family assets and losing them. Also, laypeople attempting to navigate probate law without the assistance of a probate law firm run the risk of making a mistake for which they are personally liable. One omission from standard operating procedure can freeze the entire process.

In legal matters involving Orlando, Ocala, or Daytona Beach wills and probate, there is no substitute for knowledge and experience. Contact the Florida probate law firm of Jerry B. Wells for quality legal representation today.