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The death of a loved one is a time of grief and anxiety. The grief is obvious, and the anxiety is often contributed to by concerns of financial and income continuation to the deceased’s descendants and beneficiaries.
The need for a probate of the deceased’s estate arises when real estate remain in the deceased’s name at the time of death or when financial assets or other property remain in deceased’s name at the time of death. There are two principal types of administration for a deceased’s estates. One is a formal administration, and the other is summary administration. Which type of administration is needed is based upon the value of all property and assets in the deceased’s estate. Either type of administration can occur whether or not the deceased died with or without a will.
If the deceased died with a will, the administration of the deceased is testate. If the deceased died without a will, the administration of deceased is intestate.
The distribution of the property of an estate is governed by the term of the deceased’s will and last testament in the case of a testate administration. There are certain Florida statutes which can override certain provisions of a deceased last will and testament; for example, when there is no provision or an inadequate provision for a surviving spouse, in certain instances, a surviving spouse has the right to an elective chair.
When the deceased dies without a will, the distribution of the deceased’s property is governed by the Intestate Distribution Provision of the Florida Statute. Attorney Robert Morrow, with his over 30 years of legal experience, and his dedication to personal service to his clients and their families is able to guide a grieving family member through the probate process with sensitivity. Additionally, due to Robert Morrow’s over thirty years of litigation experience, he is able to prosecute and defend the rights of those persons who may wish to contest a will or the distribution of the property of a deceased.
Contact our office to speak with a legal professional. We offer free consultations and flexible payment plans. Our office is open from 9 a.m. to 5 p.m., Monday through Friday, evenings and weekends by appointment. All major credit cards are accepted.
