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Tampa Business Litigation Attorneys / Tampa Probate Attorney

Tampa Probate Attorney

You have spent your life caring for your family. It is natural to want to avoid thinking about the day you will no longer be able to. However, planning for the future of you and your family is one of the most loving things you can do for them. While planning your estate, one of your goals may be to help your family members avoid the probate process. Probate can be costly and time-consuming, but it is not inherently bad. Below, our Tampa probate attorney explains more about the process.

What is Probate?

Probate is a court-supervised process that often begins after a person passes away. The purpose of probate is to validate any will that was left behind, as well as administer and close the estate. During probate, creditors can make claims against the estate to recover debt of the decedent, and the remaining property is distributed to the beneficiaries. If a person passed away without a will, the probate process will also involve the naming of a personal representative, who will then oversee the administration of the estate.

Not all assets within an estate must go through probate. For example, if someone had placed property in a trust before they passed away, those assets are not subject to the probate process.

Types of Probate in Florida

In Florida, there are two types of probate. These are as follows:

  • Formal administration: Formal administration is the standard probate process and it is used for the majority of estates in Florida. When an estate is valued at $75,000 or more, formal administration is necessary.
  • Summary administration: Summary administration refers to a streamlined version of probate. Summary administration applies to estates that are valued at less than $75,000, or when a person has been deceased for more than two years.

Probate Litigation

Even when a person had a strong and comprehensive estate plan in place when they passed away, disputes can still arise during the probate process. For example, beneficiaries may not agree as to how property is distributed during the process. Some of the most common disputes that arise during probate include:

  • Disputes over trusts
  • Will contests
  • Disputes regarding a personal representative
  • Creditor disputes

While the above disputes can extend the probate process and incur more costs, litigation is sometimes necessary to resolve them. It is always important to work with an attorney when going through the probate process. An attorney can help you avoid these disputes, and create solutions if they happen to arise.

Our Probate Attorney in Tampa Can Help You Through the Process

Probate is a process that is often necessary to administer and settle a person’s estate after they pass away. When going through the process, you need legal advice. At BBDG Law, our Tampa probate attorney can help you navigate the process, handle any issues that arise, and ensure matters proceed as quickly and easily as possible. Call us today at (813) 221-3759 or fill out our online form to request a consultation with our experienced attorney and to get the legal help you need.