Delray Beach Probate Attorney

Serving Probate, Trust, and Litigation Clients in all Delray Beach Communities

If you have been placed in charge of a deceased family member or friend's affairs, our Delray Beach probate attorneys are here to help you maximize the tax efficiency of their estate, manage their assets after death and minimize the administrative burden of settling their final affairs.

At Adrian Philip Thomas, P.A., we provide professional legal counsel to clients across Palm Beach County in a range of probate, trust, litigation, and estate administration scenarios.

Contact us online or call us at (954) 764-7273 to discuss your loved one's estate and how our Delray Beach probate lawyers can help you through the process.

What is Probate?

Probate is the legal process through which a decedent's assets are managed, creditors are paid, and property is distributed to beneficiaries or heirs. Personal representatives are typically important to the process and is usually appointed and supervised by the probate court.

Most probate cases filed in a Delray Beach probate court are not contested and they will proceed without much involvement from the judge. In these cases, the judge will sign an order to confirm the will is valid, the personal representative was properly appointed and that they are allowed to proceed without further court intervention.

Our Delray Beach attorneys handle a wide range of probate cases, including:

• Estate Planning
• Living Wills
• Will Contest and Disputes
• Probate Litigation
• Trust Litigation

When is the Probate Process Required?

In Delray Beach, Florida, the probate process is typically required when a person passes away and leaves behind assets solely in their name. The decedent owned property in their name alone that does not have a provision for automatic succession of ownership at death.

Examples of common assets that meet this requirement are:

• Real estate held by tenants in common or tenants by the entirety
• Stocks or bonds
• Business interests
• Investment accounts
• Retirement accounts such as IRA or employer plan (401k, 403b, etc.)
• Interest in a trust
• Life insurance policies

Additionally, the probate process is required when the deceased does not meet the financial institution's minimum criteria for small estate exceptions. In such cases, the individual cannot cover their own financial transaction fees or other transfer-related costs without court approval.

Assets that Do Not Require a Probate Process in Florida

Any assets owned by a trust or transferred to the personal representative or trustee by "Operation of Law" upon the decedent's death do not have to go through or be accounted for in the probate process.

Examples of such assets are:

• Payable-on-death accounts
• Jointly owned property
• Bank accounts held in trust or as tenants in the entirety
• Life insurance policies, joint accounts and retirement accounts if they have correctly designated beneficiaries
• Small estates
• Gifts made during lifetime

Additionally, if the decedent had debts/mortgage on a property and there was no equity in the property when they died, then the property does not need to go through probate.

The Delray Beach probate attorneys at Adrian Philip Thomas, P.A. can help determine which of your loved one's assets are exempt from probate. Contact us online or call at (954) 764-7273 today!

Understanding How The Probate Process Works in Delray Beach

The probate process in Delray Beach, Florida, follows a series of steps to manage a deceased person's estate. Here’s an overview of how it generally works:

• Determine if Probate is Necessary: Assess whether the deceased left assets solely in their name. If assets exceed Florida's threshold for probate, the process will likely be necessary.
• Filing the Will and Petition: If there’s a will, it should be filed with the court along with a petition to open probate. If there is no will, a petition for intestate probate is filed.
• Appointment of Personal Representative: The court appoints a personal representative (executor) to manage the estate. If there’s a will, it usually names this person; otherwise, the court appoints someone according to intestacy laws.
• Notifying Heirs and Creditors: The personal representative must notify all heirs, beneficiaries, and known creditors of the probate proceedings. This often includes publishing a notice in a local newspaper.
• Inventory and Appraisal: The personal representative must take inventory of the deceased's assets and may need to have them appraised. 
• Settling Debts and Taxes: The personal representative pays any valid debts and taxes owed by the estate using estate funds. 
• Distributing Assets: After debts and taxes are settled, the personal representative distributes the remaining assets according to the will or, in the absence of a will, according to Florida's intestacy laws.
• Closing the Estate: Once all assets have been distributed and obligations fulfilled, the personal representative files a final accounting with the court, and the estate is officially closed.

The Delray Beach probate attorneys at Adrian Philip Thomas can help represent you through each step and decision in probate administration. Contact us for a consultation.

How Long Does Probate Take?

Probate takes about three months in Florida. This period allows creditors to settle their claims with the estate. However, not all cases take this long. Simple estates, or those without disputes, may wrap up in a few months. Complex cases that face legal challenges may take several years.

Reasons to Hire a Probate Attorney in Delray Beach, Florida

Hiring our probate attorney in Delray Beach, Florida, can be highly beneficial for several reasons:

• We understand the specific laws and regulations governing the probate process in Florida, helping to ensure compliance and avoid legal pitfalls.
• We can guide you through each step, from filing the initial petition to finalizing the estate.
• We can prepare and file all necessary documents with the court and assist with creating an accurate inventory of the deceased’s assets.
• We can mediate and represent your interests in court if disputes arise among heirs or beneficiaries.

Navigating the probate process can be emotionally taxing, especially after a loss. Hiring our law firm can alleviate stress and provide reassurance that the process is being handled correctly.

If you are interested in hiring a Delray Beach probate administration lawyer, dial at (954) 764-7273 or reach out online.