Myth-Busting Florida Probate

Myth # 1 - Probate is a “bad thing”

Fact - Probate can be a very good thing for most people in most situations.  The legal process, known as probate, in Florida makes sure that your assets, such as money, cars, jewelry, and real estate, are passed to the people you intend for them to once you pass away.  Also, it  makes sure that any potential creditors are properly handled and limited to 90 days to file a claim against your estate for payment of any final expenses.  Without probate, creditors can come after your loved ones for 2 years seeking payment.

Florida requires an attorney for a formal probate administration to help navigate the rules and make sure all the laws are followed properly.  Attorney Dena Rogers helps explain everything in simplified terms to help make sure you understand the complex legalese and to make sure you feel comfortable and knowledgeable during this very stressful time.  

Myth # 2 - Probate can take years!

Fact - In Florida, the law requires a probate administration to be completed within one year, unless an extension is requested and granted by the judge.  Typically, a Florida probate administration can be completed within 6 months from start to finish.  Attorney Dena Rogers makes sure creditors are notified quickly to start the 3-month time period for filing a claim and once that time is over, works diligently with her clients to finalize any loose ends and ensure distributions are made and the probate can close.

Myth # 3 - A formal probate is always required

Fact - In Florida, the law states that if a person has been dead over 2 years or the value of the estate, less exempt assets, is less than $75,000.00, then a summary probate administration can be used to simplify and shorten the probate process.  

Each case is different but if possible, I advise my clients to consider a summary administration to save them time and money.  If a formal administration is required or better suited in your case, due to creditors or the value of the estate, attorney Dena Rogers will still do her best to make sure your administration is handled quickly and preserve as much of the estate assets as possible so you, as the beneficiary, end up with the distribution your loved one intended for you.

Have questions?  Need to start the probate process?  Contact attorney Dena Rogers and rest assured you will work with an attorney who has the experience you need and will be given the attention you deserve.  Call (727) 900-5611 today for your free initial consultation.