Expertise.com

Best Probate Lawyers in Deerfield Beach

Laurels
Laurels

We did the research for you!

Learn more
  • checkboxLicensing
  • checkboxUser Reviews
  • checkboxMystery Shopping Calls

Probate Lawyers FAQs

Learn more
Capital Planning Law, PLLC logo
Visit WebsiteWebsite

Capital Planning Law, PLLC

1451 W Cypress Creek Rd, #300, Fort Lauderdale, FL 33309
Visit WebsiteWebsite
  • Estate Planning

Business Description

Capital Planning Law, PLLC, provides individuals and businesses in Deerfield Beach with legal services in estate planning and probate administration. Founding member Yelena Sverdlova is an attorney and professor of law who assists clients with wills and trusts and represents them in probate, real estate law, and guardianship matters. She also handles cases in business and immigration law, offering legal representation to holders of L1 visas and guiding them through the preparation of the necessary documents for their immigration applications.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (31)
Facebook
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Elder Law, P.A. logo
Visit WebsiteWebsite

Elder Law, P.A.

301 East Ocean Avenue Suite #2, Lantana, FL 33462
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning

Business Description

Elder Law, P.A., offers probate services to Deerfield Beach residents. It represents trustees and personal representatives in matters of trust administration. The firm conducts estate planning to help clients avoid conflicts among heirs. The firm guides them in distributing their estates after their death and managing dependent children, pets, and people with special needs. It also handles special needs and Medicaid planning, guardianships, and advance directives. Owner Ryan Jay Smollar uses his passion for advocating for seniors and their families to provide legal services.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Facebook
4.8 / 5 (16)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Elite Estate Planning logo
Visit WebsiteWebsite

Elite Estate Planning

2000 Glades Rd Suite 208, Boca Raton, FL 33431
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning

Business Description

Elite Estate Planning caters to the residents of Deerfield Beach and surrounding neighborhoods. It provides legal representation in matters involving estate planning, including wills, trusts, durable powers of attorney, and advance healthcare directives in the event of sickness or accidents. The practice also offers counsel in elder law, Medicaid crisis and special needs planning, and pet trusts. Additionally, its team of professionals handles prenuptial and postnuptial agreements, as well as asset and divorce protection planning. Elite Estate Planning was established in 2007.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
5.0 / 5 (38)
Facebook
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Ellis Law Group, P.L. logo
Visit WebsiteWebsite

Ellis Law Group, P.L.

4755 Technology Way, Suite 205, Boca Raton, FL 33431
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning
  • Trust Administration
  • Probate Litigation

Business Description

Ellis Law Group, P.L., is a full-service estate law firm that serves individuals and families in and around Deerfield Beach. Its services include guiding and representing clients who are dealing with the probate process, including formal administration. It also assists in probate issues involving out-of-state property owners. Its managing partner, Seth E. Ellis, has over 20 years of legal experience. He is licensed to practice in Massachusetts and is an adjunct professor at the University Of Miami School Of Law.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.0
Google
4.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Florida Probate Law Firm PLLC logo
Visit WebsiteWebsite

Florida Probate Law Firm PLLC

4800 N. Federal Hwy, Suite 106D, Boca Raton, FL 33431
Visit WebsiteWebsite
  • Estate Planning
  • Trust Administration
  • Probate Litigation

Business Description

Florida Probate Law Firm PLLC serves clients in Deerfield Beach and the surrounding metros. Its probate services include helping executors catalog the deceased's estate, settle debts and taxes, divide property, and transfer assets. The firm advises clients on contentious estates where they have been denied money or assets. Additionally, it handles probate litigation arising from will contests, including claims of undue influence on the testator, nonmarital children claiming rights to the inheritance, and breach of fiduciary duty. Florida Probate Law has been in practice for over 35 years.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (61)
Facebook
5.0 / 5 (9)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Johnston & Metevia, P.A. Attorneys at Law logo
Visit WebsiteWebsite

Johnston & Metevia, P.A. Attorneys at Law

633 E. Atlantic Blvd, Pompano Beach, FL 33060
Visit WebsiteWebsite
  • Wills
  • Estate Planning
  • Probate

Business Description

Johnston & Metevia, P.A. Attorneys at Law is a firm serving Deerfield Beach. It assists individuals and families in pursuing different aspects of probate such as summary administration, the appointment of a personal representative, and filing of determination of homestead. Its legal team educates clients about asset/title change matters like identifying the sole assets of the decedent and the debts and creditors that need to be paid. The firm also handles cases involving estate planning, agriculture law, and land use & zoning.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (3)
Facebook
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Kristin Coomber, PA logo
Visit WebsiteWebsite

Kristin Coomber, PA

902 Clint Moore Rd., Suite 120, Boca Raton, FL 33487
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning

Business Description

Kristin Coomber, PA, is a legal practice that offers counsel to individuals and families in the Deerfield Beach community. It assists family members and beneficiaries in navigating probate court proceedings, whether for testate or intestate cases. Kristin Coomber and her team review wills, guide in amending and updating estate plans, and create solutions to address disputes. Coomber has been practicing law since 2002. The attorney also handles real estate, business organization, and commercial collection matters.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
3.9 / 5 (7)
Facebook
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Law Office of Arica L. Braaten P.A. logo
Visit WebsiteWebsite

Law Office of Arica L. Braaten P.A.

1645 S.E. 3rd Court Suite 101, Deerfield Beach, FL 33441
Visit WebsiteWebsite
  • Wills

Business Description

The Law Office of Arica L. Braaten P.A. is based in Deerfield Beach and provides clients with representation on a variety of legal matters. Braaten's scope of work includes helping clients draft legal documents like wills and premarital agreements, guiding them through probate proceedings, and advocating for them in divorce cases. She also offers criminal defense representation. Braaten is a member of the Florida and Broward County Associations of Woman Lawyers and the Young Lawyers Division of the Florida Bar.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.7 / 5 (25)
Avvo
5.0 / 5 (21)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Law Office of Mary Alice Gwynn, PA logo
Visit WebsiteWebsite

Law Office of Mary Alice Gwynn, PA

817 George Bush Blvd, Delray Beach, FL 33483
Visit WebsiteWebsite
  • Estate Planning
  • Probate Litigation

Business Description

The Estate Planning Law Office of Mary Alice Gwynn, PA, was founded in 1992. It serves clients in Deerfield Beach, including those who only speak Spanish. The firm assists with estate and Medicare planning, as well as probate and trust litigation. It works to prevent probate disputes that tear families apart. It also helps clients avoid significant financial losses due to taxation. Estate planning is an intimate legal field, hence the firm gives the time and attention to get to know its clients better.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.6 / 5 (11)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Law Offices of Max J. Paul logo
Visit WebsiteWebsite

Law Offices of Max J. Paul

2295 Corporate Blvd NW, Boca Raton, FL 33431
Visit WebsiteWebsite
  • Estate Planning
  • Probate Litigation

Business Description

The Law Offices of Max J. Paul offers comprehensive probate solutions for clients in Deerfield Beach and the surrounding areas. The firm provides legal assistance to families and individuals in administering an estate as expressed in a will or estate plan prepared beforehand by a decedent. Its attorneys also help clients with guardianship and conservatorship procedures to safeguard their families in the event of infirmity or disability. Paul is admitted to practice in New York, Massachusetts, and Florida.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Loughlin Law, P.A. logo
Visit WebsiteWebsite

Loughlin Law, P.A.

150 East Palmetto Park Road, Boca Raton, FL 33432
Visit WebsiteWebsite
  • Estate Planning
  • Living Trust
  • Probate Litigation

Business Description

Nicole M. Loughlin of Loughlin Law PA is an estate planning attorney near Deerfield Beach. Attorney Loughlin assists personal representatives and estate executors with fiduciary duties during the probate process such as locating and tallying assets, publishing notices and filing probate petitions with the court, paying off decedent debts, and final asset distributions. Ms. Loughlin and her team provide estate planning services that include drafting of living wills and revocable trusts and advising on estate taxes.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
4.7 / 5 (93)
Facebook
5.0 / 5 (16)
Avvo
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
MacLean & Ema P.A. Attorneys and Counselors At Law logo
Visit WebsiteWebsite

MacLean & Ema P.A. Attorneys and Counselors At Law

2600 Northeast 14th Street Causeway, Pompano Beach, FL 33062
Visit WebsiteWebsite
  • Estate Planning

Business Description

MacLean & Ema, P.A., Attorneys and Counselors At Law, has been serving clients in Deerfield Beach since 1974. The firm handles probate proceedings, where the assets from a deceased person's estate are distributed to the heirs. It helps settle outstanding debts and handles disputes among the beneficiaries. Its attorneys also offer estate planning services, which involve trusts and wills, along with assistance in real estate and business law cases. Founder Frederick MacLean has more than 40 years of experience in estate planning.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Avvo
5.0 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Marc J. Gold Law Offices, LLC logo
Visit WebsiteWebsite

Marc J. Gold Law Offices, LLC

1645 SE 3rd Court, #101, Deerfield Beach, FL 33441
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning

Business Description

Marc J. Gold Law Offices, LLC, is a firm that has been serving Deerfield Beach since 1984. It assists individuals in handling estate and probate administration processes through the courts and property distribution. Its practitioner, Marc J. Gold, also handles cases involving elderly exploitations, business disputes, and real estate closings. He provides mediation services in family matters before circuit, civil, and county courts. Gold has conducted seminars about probate, collections, guardianships, and mental health law.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (5)
Facebook
5.0 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Minerley Fein P.A. logo
Visit WebsiteWebsite

Minerley Fein P.A.

1200 North Federal Highway, Boca Raton, FL 33432
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning
  • Trust Administration
  • Probate Litigation

Business Description

Minerley Fein PA serves executors as they probate wills and handle the assets of the estates they're responsible for. It works to prevent assets from being lost or inappropriately claimed by heirs by inventorying them and dispensing them according to the will. Minerley Fein PA also advocates for clients in probate lawsuits, defending their interests when demands for compensation are made by supposed creditors of estates, or when disputes between heirs or because of wills result in litigation.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.3 / 5 (7)
Facebook
5.0 / 5 (7)
Avvo
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Pamela Higer-Polani, A​ttor​ney at Law logo
Visit WebsiteWebsite

Pamela Higer-Polani, A​ttor​ney at Law

9825 Marina Blvd., Suite 100, Boca Raton, FL 33428
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning

Business Description

Pamela Higer-Polani, Attorney at Law, provides concierge legal services to clients in Deerfield Beach. Its estate planning services include durable powers of attorney, trust and probate litigation concerns, and wills. To assist clients with limited mobility issues, the lawyer personally travels to clients' businesses and homes. Higer-Polani shows her dedication and involvement in the community through helping various charitable institutions. She was recognized as a Leader in Law in 2015 by the State of Florida Bar Association. Higer-Polani is also fluent in Hebrew.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Avvo
5.0 / 5 (40)
Google
5.0 / 5 (10)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Patrick Giunta, P.A. logo
Visit WebsiteWebsite

Patrick Giunta, P.A.

2401 E. Atlantic Blvd. Suite 210, Pompano Beach, FL 33062
Visit WebsiteWebsite
  • Estate Planning
  • Probate

Business Description

Patrick Giunta, P.A., handles probate concerns for clients in Deerfield Beach and other communities in the Fort Lauderdale area. The firm's practice areas include estate planning, wills and trusts, probate administration, and contested probate. Patrick Giunta has been practicing in South Florida since 1987. He founded his independent firm in 2012 after working for larger firms. He has held several prominent positions in local bar associations, including one term as chair for the Florida Bar Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.7 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Robert Feldman, Attorney at Law logo
Visit WebsiteWebsite

Robert Feldman, Attorney at Law

55 N.E. 5th Avenue Suite 500, Boca Raton, FL 33432
Visit WebsiteWebsite
  • Wills
  • Estate Planning

Business Description

Robert Feldman, Attorney at Law advocates for the rights of Deerfield Beach residents. It guides and represents families and individuals in different areas of probate law. The firm offers will creation, estate administration, and asset distribution services. It also assists buyers and sellers during residential and commercial real estate transactions and helps them resolve eviction and title insurance disputes. Additionally, it deals with personal injury law cases. Principal attorney Robert Feldman has been practicing law for over three decades.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Avvo
4.4 / 5 (8)
Google
5.0 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Ryan S. Ratner, P.A. logo
Visit WebsiteWebsite

Ryan S. Ratner, P.A.

4400 North Federal Highway, Boca Raton, FL 33431
Visit WebsiteWebsite
  • Wills
  • Estate Planning

Business Description

Ryan S. Ratner, P.A., is a law firm that caters to the legal needs of individuals, families, and real estate property buyers and sellers in Deerfield Beach and the surrounding areas. It offers clients legal services and counsel in the area of estate planning, including helping clients with probate matters, creating wills and trusts, and preparing durable powers of attorney. The firm has been assisting clients with their estate planning needs for more than 25 years.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.3
Google
4.3 / 5 (6)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
The Law Offices of Stabler & Baldwin logo
Visit WebsiteWebsite

The Law Offices of Stabler & Baldwin

5405 Okeechobee Blvd., Suite 202, West Palm Beach, FL 33417
Visit WebsiteWebsite
  • Estate Taxes

Business Description

The Law Offices of Stabler & Baldwin represents clients in Deerfield Beach and throughout South Florida in estate matters. The firm guides executors through the probate process, which involves resolving will challenges and disputes, notifying creditors, and distributing the decedents' assets and wealth to designated beneficiaries. It also provides estate planning services to reduce potential estate taxes and sets guidelines for implementing customers' health care directives. Managing partner Jed A. Stabler is a member of the Real Property, Probate, and Trust Law Section of the Florida Bar.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.8 / 5 (17)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Zacharia Brown logo
Visit WebsiteWebsite

Zacharia Brown

1021 Hillsboro Mile, Pompano Beach, FL 33062
Visit WebsiteWebsite
  • Estate Planning

Business Description

Zacharia Brown is a team of attorneys serving Deerfield Beach and nearby locations. They counsel clients on matters concerning probate and non-probate assets and provide assistance throughout the estate administration process, which involves verifying debts and locating and distributing decedents' assets. The legal professionals also draft estate plans, which cover supplemental and special needs trusts. Firm partner Carl Zacharia, who has been in practice since 1994, is part of the Pennsylvania Academy of Elder Law Attorneys and the Life Care Planning Law Firms Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Facebook
5.0 / 5 (31)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Back to Providers

Frequently Asked Questions

What does a probate attorney do?

Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

What is probate court?

Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

How long do you have to file probate after death?

The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

Does life insurance go through probate?

Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

Do household items go through probate?

While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

Do bank accounts with beneficiaries have to go through probate?

In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

What happens if no probate is filed?

Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

What is probate real estate?

Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

Can I probate a will or estate without an attorney?

It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

How many years can an estate remain in probate?

If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

When is a will's probate an automatic process?

Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

What does it mean when property is under probate?

Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.

Read all FAQs