Expertise.com

Best Probate Lawyers in Plantation

Laurels
Laurels

We did the research for you!

Learn more
  • checkboxLicensing
  • checkboxUser Reviews
  • checkboxMystery Shopping Calls

Probate Lawyers FAQs

Learn more
Adrian Philip Thomas, P.A. logo
Visit WebsiteWebsite

Adrian Philip Thomas, P.A.

515 East Las Olas Blvd., Suite 1050, Fort Lauderdale, FL 33301
Visit WebsiteWebsite
  • Trust Administration
  • Probate Litigation

Business Description

Adrian Philip Thomas, P.A., is a law firm providing boutique services to estates and families in Plantation. It counsels clients in navigating probate and guardianship matters, whether simple ones or protracted cases that involve years-long battles in court. Its lawyers develop probate solutions to handle various circumstances, like ancillary administration, non-US citizen cases, and trust termination. Adrian Philip Thomas was admitted to the bar in 1993 and has already obtained over $150,000,000 in settlements and verdicts.

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 (117)
Avvo
4.8 / 5 (39)
Justia
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.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Barboza Law & Associates, P.A. logo
Visit WebsiteWebsite

Barboza Law & Associates, P.A.

300 S Pine Island Rd, Plantation, FL 33324
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning

Business Description

Barboza Law & Associates, P.A., caters to Plantation-based clients who have inquiries regarding probate court processes. Its staff helps minimize the complications of estate administration by addressing outstanding debts, distributing assets to beneficiaries, and managing domestic affairs as specified in the decedent's will. It also assists families who wish to secure their assets and wealth using revocable and irrevocable trusts, as well as powers of attorney. It is led by Annabella Barboza, a board-certified real estate specialist and member of the American Land Title 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.
4.5
Facebook
4.6 / 5 (5)
Google
4.0 / 5 (4)
Avvo
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
Carlos M. Amor P.A. logo
Visit WebsiteWebsite

Carlos M. Amor P.A.

1200 South Pine Island Road, Plantation, FL 33324
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Probate Litigation

Business Description

Carlos M. Amor P.A. is a real estate and probate attorney who provides legal counsel and representation to clients in Plantation and its surrounding areas. Offering his expertise in matters related to probate and estates, he helps both executors and beneficiaries navigate the process of administering an estate. He handles estate litigation and helps resolve disputes such as will contests. He also guides clients in estate planning. His other practice areas include bankruptcy law and civil 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.
4.8
Facebook
4.6 / 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
David J. Schottenfeld, P.A. logo
Visit WebsiteWebsite

David J. Schottenfeld, P.A.

7520 NW 5th St., Suite 203,, Plantation, FL 33317
Visit WebsiteWebsite
  • Wills
  • Probate Litigation

Business Description

David J. Schottenfeld, P.A., has been helping Plantation clients resolve their legal issues since 1993. The firm advises individuals on the probate process and represents them in proceedings involving estate administration or litigation. It also sets up estate planning documents, like wills. It takes on other cases concerning real estate and family law. The firm is owned and operated by the father-and-daughter team, David and Dara Schottenfeld. They have more than five decades of combined experience in the field.

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)
Yelp
5.0 / 5 (5)
Facebook
3.0 / 5 (2)

(+1 additional source)

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
Di Pietro Partners logo
Visit WebsiteWebsite

Di Pietro Partners

901 East Las Olas, Fort Lauderdale, FL 33301
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning

Business Description

Di Pietro Partners is a law firm based in Plantation with probate attorneys well-versed in estate plans, trust administration, and trust disputes. The lawyers at this firm would like to prepare their clients for the future by offering legal counsel for asset protection, the drafting of wills, and setting up trusts. Founder, David Di Pietro, is known for his national TV appearances as a legal advisor for several news networks.

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.
4.2
Google
4.8 / 5 (30)
Facebook
4.2 / 5 (5)
Avvo
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
ElDeiry & ElDeiry P.A. Attorneys at Law logo
Visit WebsiteWebsite

ElDeiry & ElDeiry P.A. Attorneys at Law

480 Sawgrass Corporate Parkway Suite 110, Fort Lauderdale, FL 33325
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning
  • Probate Litigation

Business Description

ElDeiry & ElDeiry P.A. Attorneys at Law has been handling legal matters surrounding probate and estate planning since 1997. The firm serves individuals and families throughout Plantation and the nearby areas, helping clients in administering and distributing assets on behalf of the deceased in line with their wishes or the court's directives. Its legal team also assists in drafting estate planning documents to avoid probate in the future. One of the firm's lawyers, Mo N. ElDeiry, facilitated the creation and development of the Florida Lawyers Network.

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 (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
Frank Weinberg Black logo
Visit WebsiteWebsite

Frank Weinberg Black

7805 S.W. 6th Court, Plantation, FL 33324
Visit WebsiteWebsite
  • Estate Planning
  • Probate

Business Description

Frank Weinberg Black addresses legal concerns of individuals in Plantation and the surrounding areas. It helps clients navigate the probate administration process. The firm also assists in legal concerns involving commercial litigation, real estate and finance, developer interests or landlord rights, family law, and administrative and condominium law. Attorney Bruce Hurwitz has over 40 years of legal experience and handles cases regarding wills, trusts, probate, and guardianship. He is admitted to practice in Pennsylvania and Colorado.

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 (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
Gina M. Festa, Esq. logo
Visit WebsiteWebsite

Gina M. Festa, Esq.

3325 South University Drive, Suite 102, Davie, FL 33328
Visit WebsiteWebsite
  • Wills

Business Description

Gina M. Festa, Esq. conducts estate planning to help protect Plantation clients’ assets and transfer them to their heirs. It drafts wills and revocable trusts to facilitate this process and provides durable powers of attorney and healthcare directives. It offers trusts to avoid probate and inheritance, federal death, and generation-skipping taxes. Other services include quitclaim deeds, pour-over wills, and firearm/gun trusts. Gina Festa’s took Marine Biology in college before obtaining her Juris Doctorate.

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 (9)
Google
5.0 / 5 (5)

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
Haimo Law South Florida logo
Visit WebsiteWebsite

Haimo Law South Florida

8201 Peters Rd, Plantation, FL 33324
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning
  • Probate Litigation

Business Description

Haimo Law South Florida is a boutique estate and business planning law firm offering legal consultation and representation to individuals and businesses in Plantation. With offices in Florida and New York, the firm assists clients in probate matters, estate planning, trust administration, and asset protection, as well as business succession planning. Its team of experienced lawyers strives to follow its mission to protect families and businesses through a personalized, holistic, and mindful approach that helps clients make informed decisions.

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 (80)
Facebook
5.0 / 5 (23)

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
Jakob Legal logo
Visit WebsiteWebsite

Jakob Legal

12401 Orange Drive, Suite 219, Davie, FL 33330
Visit WebsiteWebsite
  • Trusts
  • Estate Planning
  • Living Trust
  • Elder Law
  • Probate

Business Description

Jakob Legal handles cases involving probate and estate planning for clients in the Plantation metro. The firm assists clients throughout the court-supervised method of gathering a decedent's assets, paying off debts, and distributing assets to beneficiaries. Other areas the firm consults clients with include probate avoidance strategies, last will and testaments, and disability protection. Originally from Baltimore, Andrea Jakob has been in legal practice since 1992 and has been working on probate since 2002. She also handles pet trusts.

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
Avvo
5.0 / 5 (27)

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
Kadoch Law Group logo
Visit WebsiteWebsite

Kadoch Law Group

7501 Nw 4th Street Suite 204, Plantation, FL 33317
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning
  • Probate

Business Description

Since 2009, Kadoch Law Group has been assisting in residential and commercial transactions at Plantation and the neighboring areas. Its practice areas include estate planning, probate, and real estate. Lawyers at Kadoch Law Group help clients process wills, trusts, asset protection, and probate as they plan for their family’s future. In addition, the firm offers legal counsel in matters, including estate distribution, tax resolutions, and settlement with creditors. The firm also maintains regular contact with its clients.

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
4.5 / 5 (57)
Yelp
1.0 / 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
Law Offices of Jeffrey Stoll PA logo
Visit WebsiteWebsite

Law Offices of Jeffrey Stoll PA

7805 SW 6th Court, Plantation, FL 33324
Visit WebsiteWebsite
  • Estate Planning
  • Probate Litigation

Business Description

The Law Offices of Jeffrey Stoll PA counsels clients throughout the Plantation area. It handles probate matters and represents individuals and families whose loved ones have recently passed away. It assists with the filing of petitions with the probate court, sale of estate assets, and final distribution of assets to heirs. The firm also takes on claims related to estate planning, guardianship, and real estate. Jeffrey R. Stoll, the founding attorney, brings over 20 years of experience in the legal field.

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 (4)
Avvo
5.0 / 5 (2)
Google
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.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Law Offices of Samantha J. Fitzgerald logo
Visit WebsiteWebsite

Law Offices of Samantha J. Fitzgerald

300 S. Pine Island Road, Suite 109, Plantation, FL 33324
Visit WebsiteWebsite
  • Estate Planning

Business Description

The Law Offices of Samantha J. Fitzgerald provides probate and estate planning services for Plantation clients. It assists families in settling a deceased loved one's final affairs by resolving disputes between the executor and the estate's beneficiaries. It also helps clients secure their assets prior to their death and avoid the probate process by assisting them in estate planning and drafting wills and trusts. Principal attorney Samantha J. Fitzgerald is a CPA and holds an executive board position in Florida Lawyer's Network.

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 (89)
Avvo
5.0 / 5 (40)
Facebook
5.0 / 5 (11)

(+2 additional sources)

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
Les S. Kushner P.A. logo
Visit WebsiteWebsite

Les S. Kushner P.A.

8551 W. Sunrise Blvd. Suite 301, Plantation, FL 33322
Visit WebsiteWebsite
  • Probate

Business Description

Established in 1996, Les S. Kushner P.A. is an estate planning law firm serving families, individuals, and businesses in Plantation. Its primary associate, Les S. Kushner, is an attorney and a CPA carrying over 35 years of experience. He offers a wide range of legal services, including probate, estate planning, tax representation, and business law. His probate services include facilitating the passing down of property from the elder generation to the next. Kushner is a member of the American Academy of Attorney - CPAs.

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 (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
Mypklaw logo
Visit WebsiteWebsite

Mypklaw

111 N. Pine Island Rd. Suite 203, Plantation, FL 33324
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning
  • Trust Administration
  • Probate

Business Description

Mypklaw offers legal services to customers in Plantation by assisting them throughout the whole probate administration process. It also helps individuals protect their families and finances in the event of their passing by helping them with the preparation of various documents, such as wills, trusts, and powers of attorney. Patricia F. Keyes, the founder of the firm, serves on the Board of Healthy Mothers, Healthy Babies Coalition of Broward. The legal office's other practice areas include elder law, asset protection, and Medicaid 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
Google
5.0 / 5 (23)

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
Norman Marcus, P.A. logo
Visit WebsiteWebsite

Norman Marcus, P.A.

8181 West Broward Blvd, Suite 370, Plantation, FL 33324
Visit WebsiteWebsite
  • Wills
  • Probate

Business Description

Norman Marcus, P.A. is a Plantation-based law office serving clients in the metro and the surrounding areas. The firm handles wills and probate concerns for clients, including the drafting of trusts and wills, and the administration of estates to intended beneficiaries. Lead attorney Norman Marcus has over 44 years of legal experience. He also provides consultations and legal assistance in the practice areas of business and contract disputes, family and divorce law, and alternative forms of dispute resolution.

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

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
Reinfeld & Cabrera, P.A. Attorneys at Law logo
Visit WebsiteWebsite

Reinfeld & Cabrera, P.A. Attorneys at Law

10235 W. Sample Rd Suite 207, Coral Springs, FL 33065
Visit WebsiteWebsite
  • Estate Planning

Business Description

Reinfeld & Cabrera, P.A., Attorneys at Law, caters to Plantation residents from its Coral Springs and Fort Lauderdale offices. The firm provides probate and trust administration and litigation services. Its lawyers counsel and guide clients and their families, prepare wills and trusts, handle the administrative tasks required to carry out an estate plan, and work on resolving disputes that arise from the process. The law firm also deals with matters related to guardianship, special needs trusts, elder law, and real estate 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.
4.9
Google
4.9 / 5 (100)
Facebook
5.0 / 5 (12)

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
Richard M. Mogerman, P.A. logo
Visit WebsiteWebsite

Richard M. Mogerman, P.A.

8211 W Broward Blvd Suite 200, Plantation, FL 33324
Visit WebsiteWebsite
  • Estate Planning
  • Probate Litigation

Business Description

Richard M. Mogerman, P.A. is a Plantation law firm that handles legal matters under the scope of real estate law, estate planning, and probate law. The firm is headed by Richard Mark Mogerman, an estate planning attorney who holds bar admissions in Florida and Pennsylvania. Some of the cases he handles include trust administration, disputes in will execution, estate disputes, fraudulent wills, and misallocation of assets. Richard also takes on cases related to bankruptcy and fraud claims.

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)
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
Romanello & Rodriguez Law, P.A. logo
Visit WebsiteWebsite

Romanello & Rodriguez Law, P.A.

261 N. University Drive, Suite 500,, Plantation, FL 33324
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning

Business Description

Romanello & Rodriguez Law, P.A. serves clients in Plantation and the surrounding areas. As part of its estate planning services, it assists families in preparing trusts and creating backup plans and last will and testaments. The law firm also handles the consolidation of enhanced life estate deeds into estate plans and helps clients who want to retire to their homes. Romanello & Rodriguez Law, P.A. is adept at handling elder law, Medicaid and long-term care planning, and advanced healthcare directives.

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
Romero Law Center logo
Visit WebsiteWebsite

Romero Law Center

2721 SW 117th Avenue,, Davie, FL 33330
Visit WebsiteWebsite
  • Estate Planning
  • Probate Litigation

Business Description

Romero Law Center serves the legal needs of families and individuals in the Plantation metro. It strives to provide a client-oriented approach in different areas of probate law. The firm helps personal representatives plan probate administration strategies. It also deals with matters related to asset protection, healthcare and estate planning, and incapacity determination. It offers trust creation, guardianship administration, and wealth preservation solutions. Romero Law Center also works with clients in Broward, Miami-Dade, and Moroe Counties.

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 (12)
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
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