Probate

Follow these steps to hire a probate attorney if you've been named the executor of a will and you need immediate help.

6 Steps To Hire A Probate Attorney

Call the Jacksonville Sheriff's Office at 904-630-0500 for non-emergencies.

Police reports can be obtained online, by mail, or at the police station or substation. Mail can be addressed to Jacksonville Sheriff's Office, Attn: Public Records Unit, 501 E. Bay St., Jacksonville, FL 32202. In-person requests can be done in the Police Memorial Building at 501 E. Bay St. or at any of the six substations. Call the JSO Public Records Unit at 904-630-2209. Online requests can be submitted at: <a href="https://jacksonvilleso.mycusthelp.com/WEBAPP/_rs/(S(od2o4kzdxzy1mmepp2oezylg))/supporthome.aspx">https://jacksonvilleso.mycusthelp.com/WEBAPP/_rs/(S(od2o4kzdxzy1mmepp2oezylg))/supporthome.aspx</a>.

If you are concerned that legal fees will reduce the value of your remaining assets, keep in mind that courts in Florida prohibit lawyers from charging their clients more than is reasonable. For estates under $100,000, the court requires a fixed-rate fee; otherwise, the fee is a combination of fixed-rate and percentage-based. For estates worth $100,000 or less, a flat fee of $3,000 or less is charged. The allowed percentage for values above it begins at 3%.

Handwritten or holographic wills can be certified in court and deemed valid as long as they meet the minimum court requirements. However, in order for such a will to be valid in court, it must be signed by the deceased and countersigned by two witnesses who must be present during the signing. However, if an out-of-state holographic will has been deemed valid by a court in the home state where witnesses are not required, the will&nbsp;be considered valid in a Jacksonville court.

No, but certain information must be included in the claim statement. This information includes the claimant's name, signature, and address, as well as the nature of the claim and the amount sought. The claim must begin with a standard header that includes the probate file number and the name of the decedent. It can be delivered in person, mailed, or emailed to:&nbsp;
Duval County Clerk of Courts
Attn: PROBATE DEPARTMENT
501 West Adams Street, Room 1173
Jacksonville, FL 32202

To assess whether probate is necessary, check first if the assets are under the name of the decedent and not designated to any beneficiaries. These types of assets must undergo probate to be able to be distributed or transferred. An asset cannot be probated if it is a jointly held property or life insurance with designated beneficiaries. You can check the title of a real property in Jacksonville at the Duval County Property Appraiser. If it is solely under the name of the decedent, then it will undergo probate.

Yes. Probate matters in Jacksonville are public records that can be checked at the court's Official Records online portal. If you cannot find it or access it online, you can visit the probate court personally or send them mail at:
Duval County Clerk of Courts
Attn: Official Records and Research
501 West Adams Street, Room 1253
Jacksonville, Florida 32202
Call the department at (904)255-2000 for more information.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.