South Florida Probate Lawyer
Larry Tolchinsky Knows How To Help
Larry has 20+ years of experience as a Florida probale lawyer handling probate administrations for estates of people who have lived in or who have property located in Broward County and all of South Florida. Larry has the knowledge and experience to guide personal representatives and beneficiaries through the probate administration process and with probate disputes, including wills contests, creditor claims, accounting disputes and the removal of a personal representative.
The Florida Probate Process
Florida probate is the court procedure for settling the business and personal affairs of a deceased person by formally proving the validity of a Florida Will and verifying the legal transfer of property to beneficiaries. Probate may also involve appointing a Personal Representative while supervising the transfer of property to heirs if no Will exists. In sum, a Florida Probate is the legal process whereby a deceased person's estate is administered and distributed.
The two most frequently asked questions relating to probate are related to what assets are included in the Probate estate and how long does a Probate take to administer.
The only assets that require probate are those that are owned by a decedent in his or her individual name at the time of their death or assets that require a designated beneficiary and no beneficiary is named . Assets owned jointly as “tenants by the entirety” with a spouse, or “with rights of survivorship” with a spouse or any other person will pass to the surviving owner without probate. This is also true for assets with designated beneficiaries, such as life insurance, retirement accounts, annuities, and bank accounts and investments designated as “pay on death” or “in trust for” a named beneficiary. Assets held in trust will also avoid probate.
For those Probate estates not required to file a federal estate tax return, the final documents to close a probate are due within 12 months of the opening of the estate by the Court. An estate is opened upon the issuance of letters of administration by the Court.
For those estate required to file a federal estate tax return, Form 706, which is due nine months after death, the final accounting and papers to close the probate administration are due within 12 months from the date the tax return is due. This date is usually extended by the court because often the IRS' review and acceptance of the estate tax return are not completed within that period.
Probates that do not file a federal estate tax return and that do not involve any lawsuits, often close within five or six months. If you would like additional information about the Florida Probate Process, please feel free to read our blog, About Florida Probate. It addresses some of the most frequently asked questions about the Florida probate process.
Sample Probate Pleadings
Probate cases can be complicated because they require the filing of many different documents with the Court. For example, the one document which is always filed when seeking to open a formal probate administration is the Petiton for Administration. We have compiled other sample probate pleadings which provide a true sense of the work involved in a Florida probate case.
Topics Related to Florida Probate Law include:
If you require the help of an experienced Florida Probate Lawyer, contact Larry Tolchinsky today for a free consultation.
Larry handles Florida Probate matters for clients located in Hallandale, Hollywood, Aventura, Fort Lauderdale, Miramar, Pembroke Pines, Weston, Davie, North Miami Beach, Dania Beach and all other cities in Broward County and throughout Florida.
Get A Free Case Evaluation - Call (954) 458-8655
Contact Larry Tolchinsky to find out how he can help you. You can contact him by phone at 954-458-8655 or by e-mail through this web site to schedule an appointment and learn more about Florida Probate. He offers a free initial consultation.
Probate Links of Interest:
Florida Probate Topics (FAQ)
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