Best Probate Lawyers in Palm Bay

FAQs

• What is the non-emergency contact number for the local police station in Palm Bay, Florida?

  The non-emergency contact number for the Palm Bay Police Department is 321-952-3456.

• Where can I get a copy of police reports for incidents related to my case in Palm Bay, Florida?

  Copies of police reports for cases related to probate in Palm Bay can be obtained from the Palm Bay Police Department. Residents can make a records request by emailing Police.Records@pbfl.org. They must provide all relevant information, such as time, date, and case number. The records lobby window is open from Monday to Friday, 8 a.m. to 4 p.m., except for holidays.

• What is the probate administration process in Palm Bay and the surrounding areas?

  The probate process in Palm Bay and throughout Florida begins when the will is admitted to the probate court and the personal representative is granted "Letters of Administration." Florida Statute Section 733.101 governs the venue of a probate case. It must be filed in the county of the decedent's residence. Probate concludes when all statutory taxes have been paid, creditors have been settled, and assets have been accounted for and distributed in accordance with the will.

• Does joint ownership prevent probate in Palm Bay?

  Joint ownership of assets by Palm Bay residents does not prevent probate. It usually just postpones it because, when one owner dies, full ownership does not transfer to the surviving owner without probate. However, if the owner dies without adding a new joint owner or if both owners die at the same time, the asset must be probated before it can be distributed to the heirs.

• Can a Palm Bay resident avoid probate with a will?

  No, because a will simply tells a probate judge to receive assets and oversee their distribution. Likewise, a person cannot avoid probate by failing to draft a will. The state of Florida steps in through a process called intestate succession. Under this type of succession, the state takes control over assets and the distribution of those assets. Intestate succession may not serve the interests of heirs and beneficiaries.

• What are the responsibilities of a personal representative in Palm Bay probate administration?

  The personal representative, also referred to as the executor, is in charge of the technical aspects of probate administration. He or she identifies and prepares an inventory of a Palm Bay decedent's property. Part of an executor's job is to notify creditors and publish legal notices. Most Florida courts demand the posting of a surety bond or limited depository account when a personal representative is appointed to dissuade them from acting unlawfully.

• What is considered a reasonable attorney fee in Palm Bay and throughout Florida?

  Palm Bay adheres to Florida law, which stipulates that a formal administration of an estate must take place when the compensable value of the estate exceeds $40,000 and is not eligible for summary administration. Florida Statutes Section 733.6171(3) requires that legal expenses be reasonable. The court has the power to reduce the fees for the lawyer if the fees are deemed unreasonable.

• 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.