Why Do You Need a Probate Attorney in Pasco County?
A probate attorney in Pasco County is required for all Pasco County probates that need administration. The probate process is so complex that working with a probate attorney will help you avoid frustrating and potentially devastating mistakes and pitfalls. The Pasco County probate attorneys at North Tampa Law Group are probate lawyers who can guide personal representatives through the probate process and ensure that your loved one’s estate is settled as quickly and efficiently as possible. To request a consultation, call (813) 518-7411 now.
Florida’s probate system is carefully designed to identify, gather, and distribute the assets of a deceased person after death. Though it’s time consuming, probate is important to prevent estate fraud and mismanagement of assets. Based upon the estate value, probate may qualify for the full formal administration or streamlined summary administration. Due to its complex and often confusing nature, probate is best handled with an experienced Pasco County probate lawyer like Brian Arrighi at North Tampa Law Group.
What Is Probate in Pasco County?
Probate is a court-supervised process that follows very specific guidelines set by Florida law. The ultimate goal of probate is to settle an estate by ensuring that debts are paid and assets are distributed appropriately to beneficiaries. Only ‘probate assets’ must go through probate, which include assets that the decedent owned in his sole name at death, or assets with joint ownership that lacked provisions for automatic succession. The total value of the decedent’s probate assets determines which form of probate is required: formal administration, summary administration, or disposition without administration.
The Three Forms of Florida Probate
Summary administration is a faster and cheaper from of probate. However, the probate attorney must first determine if the estate qualifies for summary administration. If the death occurred more than two years ago or if the value of the estate assets that must go through probate are less than $75,000 and there are no creditors. However, the value of a homestead property does not. Formal administration, on the other hand, is a more complex process for higher value estates and estates that owe creditors money. An experienced Pasco County probate lawyer can assist in reducing the amount owed to the creditors.
Disposition without administration, actually makes it possible to circumvent the probate system when the decedent leaves behind very little and the person who pays for the funeral and other final expenses needs to request reimbursement from the estate’s assets. An estate only qualifies for disposition without administration if the deceased person did not leave any real estate assets and all other assets are either exempt from creditors’ claims or don’t exceed the amount of final expenses.