What is Probate Law

Lizbeth Potts, P.A.Probate Laws, Wills and Trusts

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What is Probate Law


Probate Law is the administration of the estate of a person who has passed away. We call this person the decedent. Probate administration distributes the decedent’s property to the beneficiaries or heirs and resolves any claims against the estate.

There are different types of probate Law

Summary Administration for estates that total less than $75,000.00 and Formal Administration for estates totaling more than $75,000.00. This is something that is determined whether the individual died with or without a will.

Dies without a will

When someone dies with a will, they are said to have died testate. If someone dies without a will, they have died intestate. If the individual died with a will, the Court must determine if the will is valid, who is the Personal Representative (executor) of the will, and if there are any claims against the estate, how they should be resolved. If the individual died without a will, the court must look to the statutes that set out how an intestate estate should be divided.

Probate Law in Florida can be a complex matter.

It is necessary to understand the process and the rules in order to navigate the court system smoothly. Sometimes things don’t go smoothly and there are disagreements about the estate. When such matters arise, it calls for assertive protection of each party’s interests- litigation.

Tampa Probate Lawyer

The law firm of Lizbeth Potts, P.A. can help you with probate issues; the determination of Homestead status; the preparation and filing of probate petitions and other forms with the Court; dealing with creditors of the decedent; attending and representing you in probate court matters; transferring assets; ancillary probate matters; and litigation, when necessary. The firm works with families in the Tampa Bay Area and the state of Florida. We also work with families from out of state regarding loved ones who were Florida residents or who had real property in the state of Florida.

Tampa Probate Lawyer

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