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Best Probate Lawyers in Tallahassee

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Anderson Givens Fredericks logo
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Anderson Givens Fredericks

1689 Mahan Center Blvd, Suite B, Tallahassee, FL 32308
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  • Trusts
  • Wills
  • Estate Planning

Business Description

With locations in Tallahassee and Sarasota, Anderson Givens Fredericks is a private multi-practice law firm that serves individuals, families, and businesses. Its team of attorneys guides families through the probate administration process. It also assists with the preparation of estate plans and advanced directives. Other practice areas of the firm include real estate closing, condominium and HOA law, and civil and real property litigation. The attorneys of Anderson Givens Fredericks have more than three decades of combined legal experience.

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
Google
4.3 / 5 (18)

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
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Ausley McMullen logo
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Ausley McMullen

123 South Calhoun Street, Tallahassee, FL 32301
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  • Trusts
  • Wills
  • Estate Planning
  • Trust Administration
  • Probate Litigation

Business Description

Ausley McMullen is a law firm that is based in Tallahassee, Florida. The firm has over 30 attorneys, with eight of them serving clients in probate, trust, and estate planning. Its attorneys represent and counsel clients in the process of probate, such as gathering assets and paying post-mortem taxes. The firm also helps trustees and executors in following the instructions of wills. This includes finding and contacting beneficiaries, taking inventory of the assets, and distributing them.

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
4.1 / 5 (15)
Facebook
5.0 / 5 (5)
Yelp
2.5 / 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
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Brooks LeBoeuf Attorneys at Law logo
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Brooks LeBoeuf Attorneys at Law

909 East Park Avenue, Tallahassee, FL 32301
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  • Trusts
  • Wills
  • Estate Planning

Business Description

Brooks LeBoeuf Attorneys at Law provides legal services for clients throughout Tallahassee. These include estate planning, probate, trust administration, and estate litigation. With over 20 years of experience, Carolyn LeBoeuf is an of-counsel member of the firm, providing probate and guardianship legal services to its clients. The firm's attorneys also handle personal injury, criminal defense, employment discrimination, and nursing home abuse cases. Carolyn and her husband Dean, the firm's managing partner, run a jewelry business with all profits donated to the fight against human trafficking.

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
Google
4.7 / 5 (31)
Avvo
5.0 / 5 (4)
Yelp
3.0 / 5 (2)

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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
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Conticello, P.A. logo
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Conticello, P.A.

2910 Kerry Forest Parkway Suite D4-358, Tallahassee, FL 32309
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  • Estate Planning

Business Description

Conticello, P.A., handles probate-related cases for individuals and families in Tallahassee. It assists in dealing with the complicated probate procedure and works with the estate's representative, helping with preparing paperwork, identifying heirs and beneficiaries, paying debts, and distributing remaining assets. In addition, it practices estate planning, elder law, and litigation and business law. Its lead attorney, Anthony L. Conticello, has experience creating and negotiating contracts for software licensing and implementation, business process outsourcing, and reinsurance agreements.

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 (1)

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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
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Coppins Monroe logo
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Coppins Monroe

1319 Thomaswood Dr,, Tallahassee, FL 32308
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  • Trusts
  • Wills
  • Probate Litigation

Business Description

The Tallahassee-based Coppins Monroe has been serving the metro since 1992. It assists clients in many fields, including probate litigation—handling various matters such as contests for the validity of wills and trusts; assertions of incapacity and undue influence; charges of breach of fiduciary responsibilities; and removal actions for trustees and representatives. The firm works to keep clients' needs and objectives from being neglected through continuous communication, a collaborative approach, and an open-door policy. Founder Michael F. Coppins is a Tallahassee Bar Association Lifetime Achievement Awardee.

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)

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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
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Dariotis Law logo
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Dariotis Law

1695 Metropolitan Circle, Tallahassee, FL 32308
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  • Trusts
  • Wills
  • Estate Planning
  • Trust Administration

Business Description

Dariotis Law in Tallahassee is an estate planning and probate attorney offering more than 20 years of experience in all matters related to the probate process. Attorney Dariotis is certified by the Florida Bar with additional education in financial planning. Typical probate services include identifying the estate's assets, notifying beneficiaries and creditors, paying creditors, and managing distribution of assets to rightful parties. Other areas of practice include will, trust, and guardianship creation.

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 (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
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David B. Switalski Attorney at Law logo
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David B. Switalski Attorney at Law

1018 Thomasville Road, Suite 111A, Tallahassee, FL 32303
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  • Trusts
  • Wills
  • Estate Planning

Business Description

David B. Switalski Attorney at Law provides legal assistance to individuals and families across Tallahassee and the surrounding areas. It offers estate planning services involving probate administrations. It also guides clients in drafting and establishing last wills and testaments, medical advance directives, trusts, and durable and limited powers of attorney. The law firm also represents victims of discrimination involving their race, age, gender, and disabilities. Founding attorney David B. Switalski has been practicing law since 1993. Switalski also focuses on personal injury 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 (2)

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5.0
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Flowers Law, LLC logo
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Flowers Law, LLC

215 E Virginia St Suite C, Tallahassee, FL 32301
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  • Wills
  • Estate Planning

Business Description

Flowers Law, LLC provides legal counsel to clients in and around Tallahassee on probate law issues. The firm handles a wide variety of probate administration matters, such as evaluating, administering, safeguarding, and liquidating the estate as well as locating and notifying beneficiaries, identifying and retrieving assets, closing and opening bank accounts, and transferring assets from the deceased to the estate. The firm was founded in 1997 by Fred H. Flower. He also handles estate planning, personal injury, and civil rights cases.

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 (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
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Haney Holloway logo
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Haney Holloway

1656 Metropolitan Circle, Tallahassee, FL 32308
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  • Trusts
  • Estate Planning

Business Description

Haney Holloway caters to the legal needs of wealthy families, real estate developers, and business owners in Tallahassee and its nearby areas. The office helps personal representatives throughout the probate administration and the attainment of their responsibilities, including managing the deceased's possessions and distributing them according to the will. Founding partner Mark T. Haney has been active in the legal industry for more than 20 years. He also provides legal services in estate planning, business acquisition, and real estate matters.

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
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Hathaway Sprague Law, P.A. logo
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Hathaway Sprague Law, P.A.

115 West 4th Avenue, Tallahassee, FL 32303
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  • Trusts
  • Wills
  • Estate Planning

Business Description

Hathaway Sprague Law PA is a trusted group of knowledgeable probate lawyers in Tallahassee and throughout the Panhandle. The firm has decades of collective experience dealing with all facets of probate administration. In addition, it helps with advanced estate planning, and will and trust creation. Advanced medical directives and living wills are also within the firm's purview. Mrs. Hathaway is board-certified in consumer bankruptcy by the American Board of Certification.

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 (7)
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
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King & Wood, P.A. logo
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King & Wood, P.A.

1701 Hermitage Boulevard, Tallahassee, FL 32308
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  • Trusts
  • Wills
  • Estate Planning
  • Living Trust

Business Description

King & Wood PA is a law firm providing legal services for clients in the Florida Panhandle. The probate attorney in Tallahassee represents executors and administrators through the court proceedings, including locating all beneficiaries, gathering the assets, transferring properties, notifying creditors, filing taxes, and distributing the estate's remaining assets to beneficiaries. It also handles litigation matters, such as claims against the estate and disputes between fiduciaries. Other practice areas include elder, real estate, and business 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
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
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LaVia Law logo
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LaVia Law

1339 Mahan Drive, Tallahassee, FL 32308
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  • Wills

Business Description

LaVia Law offers solutions to individuals and families in the Tallahassee area. It assists clients in matters relating to probate, helping them plan, clarify, and identify their last wishes. Its team drafts trusts, wills, and powers of attorney. The firm guides family members through the probate process and handles the administration of estates. It also helps resolve family law issues, such as divorce and child custody. Jennifer LaVia, an attorney at the firm, has been practicing law for over 30 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.
4.6
Google
4.9 / 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.
5.0
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Law Offices of Stuart E. Goldberg, P.L. logo
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Law Offices of Stuart E. Goldberg, P.L.

2039 Centre Pointe Boulevard, Tallahassee, FL 32308
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  • Trusts
  • Wills
  • Estate Planning
  • Living Trust

Business Description

The Law Offices of Stuart E. Goldberg PA, based in Tallahassee, is a premier estate planning and probate law firm that has offered more than 30 years of focused, reliable, and results-driven assistance to individuals facing probate court. The firm offers guidance throughout the entire probate process from counseling personal representatives to closing the estate and securing discharge from probate. Mr. Goldberg is board-certified in wills, trusts, and estate law by The Florida Bar Board of Legal Specialization and Education.

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
Google
4.3 / 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
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McGrew Law logo
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McGrew Law

2810 Remington Green Circle, Tallahassee, FL 32308
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  • Estate Planning

Business Description

McGrew Law assists clients in the Tallahassee area in administering the estate of a deceased person. It also helps surviving family members in settling disputes involving will contests; the appointment, removal, and replacement of a personal representative; and ownership rights in the decedent's assets. Other practice areas include estate planning and civil litigation. Principal attorney Jessica G. McGrew serves on the executive committee of the Trinity Catholic School Advisory Council and volunteers with Justice Teaching and Legal Services of North 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 (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
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Messer Caparello, P.A. logo
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Messer Caparello, P.A.

2618 Centennial Place, Tallahassee, FL 32308
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  • Trusts
  • Wills
  • Estate Planning
  • Living Trust
  • Estate Taxes

Business Description

Messer Caparello PA, based in Tallahassee, has more than 40 years of experience helping estate executors and trustees work navigate the complexities of probate court. Its purview includes almost all aspects of estate law, including the execution of the estate under probate supervision. In addition, the firm advises on and drafts wills and revocable and non-revocable trusts. Other services include business succession planning, family limited partnership planning, and the creation of end-of-life documents such as living wills and POAs.

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
Google
4.2 / 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
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Nicholas D. Fugate, P.A. logo
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Nicholas D. Fugate, P.A.

3849 Killearn Ct B, Tallahassee, FL 32309
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  • Estate Planning

Business Description

Nicholas D. Fugate, P.A., provides legal advice and counsel to families in Tallahassee and nearby areas in navigating the probate process. It also works hand in hand with clients in developing strategies regarding the transfer of their hard-earned assets. The firm’s lead attorney, Nicholas Fugate, additionally handles family law-related cases and defends people facing foreclosure. He previously worked as an associate lawyer for another firm, where he gained experience in business, commercial, and general 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.
5.0
Google
5.0 / 5 (1)
Norris Law logo
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Norris Law

1115 North Gadsden Street, Tallahassee, FL 32303
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  • Estate Planning

Business Description

Norris Law was founded by a trusted estate planning attorney in Tallahassee in 2004. Primarily, Attorney Toby Norris guides beneficiaries through the probate process, although he also offers help with will contests and other disputes that may arise during this emotionally charged time. Some services include filing petitions in probate court, arrangement payment of estate tax, and working out details of estates with beneficiaries. Free consultations are available upon request.

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
4.8 / 5 (22)
Facebook
5.0 / 5 (8)
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
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Pittman Law Group logo
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Pittman Law Group

1028 East Park Ave, Tallahassee, FL 32301
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  • Wills
  • Probate

Business Description

Pittman Law Group has been providing probate guidance in Tallahassee since 2001. It helps individuals in drafting legal wills and administering these wishes after their passing. It assists in distributing properties and possessions to beneficiaries. It also deals with litigations regarding possible family disputes. Sean Pittman, the firm's managing partner, earned the Tallahassee Servant Leadership Award of the Greater Tallahassee Chamber of Commerce in 2016. He is also a local government attorney and trusted legal counsel of hospitals, aviation, and corporations.

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 (13)

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
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Detail
––
Proper Law logo
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Proper Law

3233 Thomasville Rd, Tallahassee, FL 32308
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  • Estate Planning
  • Probate Litigation

Business Description

Proper Law serves the estate, corporate, and trial needs of entities and individuals in Tallahassee. The legal firm assists in simple and complex probate matters such as ancillary (out-of-state residents) probate, will contests, and quiet title actions. In addition, it handles formal probate for large estates and summary administration for small estates. Its attorney, Eric Haug, has been representing clients for over 30 years and is admitted to practice in the Supreme Court of the United States.

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
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Sweeting & Rumph, P.A. logo
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Sweeting & Rumph, P.A.

864 East Park Avenue, Tallahassee, FL 32301
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  • Wills
  • Probate Litigation

Business Description

Sweeting & Rumph, P.A. is a law firm serving Tallahassee with probate services. Jennifer L. Sweeting helps clients understand the probate process and offers legal representation in court proceedings. Her legal assistance includes drafting living wills and powers of attorney, designating healthcare surrogates, and handling guardianship matters. A certified family law mediator under Florida's Supreme Court, Sweeting provides legal support to families in marital and estate planning issues. Also a certified parenting coordinator, Sweeting assists in the execution of parenting plans.

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 (7)
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
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The Sketchley Law Firm, P.A logo
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The Sketchley Law Firm, P.A

3689 Coolidge Ct,, Tallahassee, FL 32311
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  • Estate Planning

Business Description

The Sketchley Law Firm PA, located in Tallahassee and founded in 2002, helps beneficiaries throughout the probate process. The firm's primary focus is on elder law and issues related to it, including probate of estates following the death of a loved one. Additionally, it offers help with will disputes and other probate disputes, and it advises on and prepares end-of-life documents such as wills and trusts. Ms. Twyla Sketchley is a board-certified elder law attorney with 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.
4.3
Google
4.3 / 5 (16)
Facebook
4.4 / 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
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Thompson, Crawford & Smiley logo
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Thompson, Crawford & Smiley

1330 Thomasville Road, Tallahassee, FL 32303
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  • Wills
  • Estate Planning
  • Living Trust

Business Description

Thompson, Crawford & Smiley is a law firm providing legal services for individuals and businesses. The probate lawyers in Tallahassee, with a second location in Tampa, help personal representatives understand their rights and duties. Its team also guides them through the probate process, including notifying creditors, filing final tax returns, locating assets, and transferring property and the remaining assets to beneficiaries. Other services include employment, personal injury, business, family, and automobile insurance 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.
4.6
Avvo
5.0 / 5 (22)

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
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Thurman Law Firm, PLLC logo
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Thurman Law Firm, PLLC

241 East 6th Avenue, Tallahassee, FL 32303
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  • Estate Planning

Business Description

Thurman Law Firm, PLLC, offers legal counsel from its Tallahassee location. Serving a diverse clientele comprising professionals, homemakers, small business owners, athletes, and celebrities, it provides assistance with various areas, including probate litigation. Its legal team also offers estate planning services, which covers wills and trusts. In addition, the company handles a broad range of family law matters, such as collaborative divorce, child support, alimony, and adoption. Thurman Law Firm's attorneys annually participate in the probate and family law seminars 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.
4.7
Google
4.7 / 5 (26)
Facebook
5.0 / 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
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Williams & Coleman, P.A. logo
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Williams & Coleman, P.A.

701 E Tennessee Street, Tallahassee, FL 32308-4981
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  • Trusts
  • Wills
  • Estate Planning

Business Description

Williams & Coleman PA was founded by a probate attorney in Tallahassee and is a boutique firm with 40 collective years of offering help with the probate process in local courtrooms. In addition to estate administration, the firm assists with will, trust, and estate plans and the creation of guardianships for minor children and others. Attorney Williams, in practice since 1994, is a member of the Florida Bar Association and the William H. Stafford American Inn of Court.

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
Yelp
4.5 / 5 (823)
Facebook
4.7 / 5 (7)

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
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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.

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