Fort Lauderdale Probate Attorneys

Fort Lauderdale Probate Attorney

Providing Reliable Legal Representation in Florida 

When someone passes away, their property, rights in property, and assets are distributed to others through the legal process called “probate.” Probate can occur whether someone has left a will (and therefore has a “testate estate”) or has not left a will (therefore has an “intestate estate”). Our Fort Lauderdale probate attorneys are ready to help you navigate the process.

Contact our Fort Lauderdale probate lawyers to learn how you can probate an estate. Call (954) 764-7273 or get started online today.

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    What Happens If No One Files to Probate the Estate?

    If the probate process is not initiated within the required timeframe, known as the "creditor period," creditors cannot claim any assets from the deceased's estate. For individuals who pass away with assets solely in their name—not in "payable-on-death" accounts—the estate will not be distributed to the heirs.

    In Florida, if the estate's value is below a certain threshold, it may qualify for a simplified probate process called summary administration. This applies to assets, excluding real estate, valued at $75,000 or less. Additionally, certain assets like vehicles or specific salary payments may also make an estate eligible for summary administration.

    If you're unsure whether your estate qualifies for probate, there's no better first step than consulting with an experienced attorney in Fort Lauderdale. Our legal experts specialize in these matters and can provide the clarity and guidance you need.

    The Cost of Probate

    As of Jan., you should anticipate about 3% to 7% of the estate’s assets being used in the probate process. Many heirs and beneficiaries are forced to pay this fee.

    Avoiding The Probate Process In Fort Lauderdale

    To bypass the probate process in Fort Lauderdale, you can arrange your assets and accounts in specific ways that exempt them from probate. Working with an experienced attorney can help clarify which assets qualify for transfer outside of probate.

    For example, in real estate transactions, you can avoid probate by transferring ownership to a beneficiary or by using “payable-on-death” bank accounts. Additionally, maintaining “rights of survivorship” on properties can also prevent probate, provided the correct deeds are utilized. Another effective strategy is to establish a living trust, which allows for direct asset transfer upon death, avoiding probate altogether.

    Why Choose Adrian Philip Thomas, P.A.?

    At Adrian Philip Thomas, P.A., we have proudly served clients across Florida since 2002 as a boutique law firm specializing in estate, trust, and probate matters.

    Our dedicated team is known for providing ethical and efficient legal representation, always prioritizing our client's needs. We have successfully represented thousands of clients in estate-related disputes, whether contesting a will or preparing for probate litigation. 

    We pride ourselves on being aggressive and confident advocates in the courtroom, committed to fighting for our client's rights. While we strive to negotiate fair resolutions whenever possible, we understand that litigation may be necessary to protect your inheritance and preserve your family’s interests. 

    Contact us today to schedule a consultation with a Fort Lauderdale probate attorney of our firm to guide you (954) 764-7273 through the process in Florida!

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