Tampa Probate Attorney
Probate is the legal process whereby people settle the affairs of an estate after a person's death, and a probate attorney in Tampa is typically needed to oversee it. However, it is also the process through which the courts settle will contests, inheritance disputes, and other estate planning concerns. The general steps associated with a Tampa, Florida probate include:
- Inventory and Appraising Estate Property
- Notifying and Settling any Estate Debt
- Paying Estate Tax
- Distributing Property to Beneficiaries
A person's assets is distributed either through intestacy or according to an individuals last will and testament. Any person who dies without executing (making) a valid last will is known as dying INTESTATE and in that event the deceased's estate is distributed according to the Law of Intestacy. In other words, if you don’t create a will directing how your property and assets are to be distributed, the State of Florida has one already created for you.
The following is a brief overview of three types of court proceedings used in Florida to pass title of a decedent's assets to the heirs or beneficiairies.
Summary administration
May be utilized in the administration of either a resident or nonresident decedent's estate, when it appears:
That the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors (e.g., homestead exempted property), does not exceed $75,000 or that the decedent has been dead for more than 2 years.
Formal administration
Must be had if the decedent's estate does not qualify for Summary administration (i.e. the decedent has not been dead for more than 2 years and the decedent's assets subject to administration in this state exceed $75,000 and/or the will requires a Formal administration.)
Contact the law offices of Ivan T. Lenoir II P.A. for a free initial consultation about the probate process from a skilled Tampa probate attorney.