PROBATE

WHAT IS PROBATE?

Probate is a process supervised by the Court whereby the assets of a deceased person, called decedent, are both identified and gathered, the debts are paid out of the estate, and the assets are distributed to the beneficiaries of the decedent’s estate.

Probate isn’t just for the super wealthy, instead it is concerned with the types of assets passed to beneficiaries. It is necessary to pass the ownership of the “probate assets”. There are certain types of assets which “probate assets” that lack a provision for automatic transfer of ownership at death. Therefore, in the Probate process, a judge will determine how to distribute those assets.

Do I need Probate?

If a decedent left a valid Will, that document shall be used in determining how the assets of an estate are to be distributed to the beneficiaries. Conversely, if no Will exists, the Law of the State of Florida (and not the decedent) will control how the assets are distributed. Therefore, it is advisable for every Floridian to have a valid Will, so that upon death, that person’s assets are distributed consistent with the decedent’s wishes. At Weidner Law we prepare a Comprehensive Estate Planning Document Package (Link to Matt’s Section) for $295.00 which will provide a plan for the distribution of your assets to your loved ones.

Further, probate also serves as a process to wind down the financial affairs of a decedent. The Probate administration process will help ensure that a decedent’s estate pays certain creditors of the decedent.

How can we help?

Every Probate is different, there is no “one size fits” all Probate administration. At Weidner Law, we offer flexible options and work with families in order to effectively and efficiently resolve these Probate matters. Please contact our office to set up an appointment to discuss your legal problems.