The Probate Process

The probate process can be lengthy - and costly. If you are concerned that your estate will be bogged down in the probate process, you need to act now to keep your estate out of probate. Contact an attorney who knows probate and estate administration law to learn more about the best methods to keep your estate out of probate.

For Expedited, Experienced Probate and Estate Administration

Contact Mellor & Grissinger

Settling the affairs of the deceased is an often sobering process for many people. Honoring the expressed wishes of a loved one who has passed away is one reason to choose a probate and estate administration lawyer carefully. Watching out for any pitfalls and moving the process efficiently through the courts helps a family wrap up the affairs of a loved one. Contact us at Mellor & Grissinger to schedule a consultation.

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Perhaps you live out of state and your parent in Florida is seriously ill. You want to ensure that your family is as well prepared as it can be for the inevitable call that is likely to come before long. Our North Port attorneys can assist your family in getting ready to handle the estate skillfully and efficiently.

With a will or without a will, assets in trusts or not, sooner or later we or our children become concerned about how to best protect family assets at the end of life. Learn how lawyers of Mellor & Grissinger can educate and advocate on your behalf throughout the probate process.

Probate is the court process used to determine the validity of a will and oversee the payment of creditors and distribution of estate assets. Even if there is no valid will at the time of death, the estate will still go through the probate procedure. Since probate is regulated by state laws, there are specific procedures proscribed by each state for carrying out the process.

If you are the executor of an estate, contact an experienced probate attorney at Mellor & Grissinger in North Port, Florida to help you identify and carry out your estate administration duties.

Probating the Estate

Despite the variation in state laws, probating the estate generally includes the following functions:

Petitioning the court to probate the will
Sending notice to creditors, beneficiaries and any other interested parties
Collecting, inventorying and appraising all estate assets
Collecting any payments, debts and income due to the estate
Paying any debts owed, and filing and paying local, state and federal taxes
Distributing any remaining assets to beneficiaries in accordance with the terms of the will

Small Estates

Most states have a fast-track or simplified probate process for smaller estates that meet certain qualifications. Normally, this process doesn't require probating the estate before the probate court, but before an administrator, which can cut down on the time and cost of probate.

Disadvantages of Probate

Time and expense: Probating an estate can be time-consuming, taking anywhere from 6 months to 2 years to complete. Contests to the validity of the will can increase the duration of the process. Probate also can be expensive, with any probate costs and fees coming out of the estate's funds.

Lack of privacy: Probate matters are part of the public record, meaning anyone can find out the size, contents, and beneficiaries of the estate. This lack of privacy can cause tension between family members.

Intestacy

If someone dies without a will or the probate court determines the will of the decedent is invalid, that person is said to have died intestate. Each state has a set of default inheritance rules that apply in the absence of a will or other estate plan. These rules generally distribute property to the surviving spouse and children first, and then parents and other close family members. The only way to prevent the default rules from determining the distribution of assets is to have a valid will or trust in place before death.

An experienced estate administration attorney can help simplify the probate process for you. Contact Mellor & Grissinger in North Port, Florida for more information today.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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