What to Expect During the Probate Process
After the loss of a loved one, families are often left with legal and financial responsibilities they never anticipated. One of the most essential steps is probate, the legal process that ensures a person’s assets are distributed, debts are paid, and the estate is formally closed. Understanding the stages of probate, the typical duration of the process, and the support available can help families make informed decisions during a challenging time.
At Aventus Law Group, we help families throughout Florida understand and navigate the probate process with clear guidance, professional care, and respect for every individual involved. If you need assistance navigating the probate process, contact us today to learn how we can help.
What Is Probate and When Is It Required?
Probate is the court-supervised process of managing and distributing a person’s estate after death. It becomes necessary when someone dies owning assets in their name alone, without joint ownership or beneficiary designations. These assets may include real estate, vehicles, financial accounts, and personal property.
Florida offers two types of probate: formal administration, which is the standard process for most estates, and summary administration, which may apply to smaller estates or cases where the decedent has been deceased for more than two years. Our firm provides personalized support in both situations, helping families meet all legal obligations with confidence.
Who Oversees the Probate Process?
The court appoints a personal representative to oversee the estate. This individual is responsible for managing the estate’s assets, paying debts, filing necessary forms, and distributing property to the appropriate beneficiaries. In many cases, if valuations are complex, our estate planning attorney works closely with financial professionals to ensure accuracy and compliance with probate requirements.
At Aventus Law Group, we provide legal support to personal representatives by preparing court filings, guiding communication with heirs and creditors, and assisting with the distribution of assets and reporting requirements. Our probate attorney in Orlando, Florida, works closely with families to ensure that legal and financial matters are handled properly from start to finish.
You can learn more about the professionals handling these matters by visiting our team page.
Steps Involved in the Probate Process
Probate involves several key stages, each with its timeline and requirements. Understanding what happens at each step can help reduce confusion and enable families to plan accordingly.
1. Petitioning the Court
The probate process begins when a petition is filed with the circuit court. This petition includes the will, if one exists, and a request to appoint a personal representative.
2. Notifying Beneficiaries and Creditors
All known heirs, beneficiaries, and creditors must be notified of the probate case. This allows interested parties to raise questions or objections if necessary.
3. Identifying and Valuing Assets
The personal representative must identify all probate assets and provide the court with an inventory of them. This may include real estate, business interests, investments, or individual items. If valuations are complex, our attorneys work closely with financial professionals to ensure accuracy and precision.
4. Paying Debts and Expenses
Before any assets can be distributed, the estate must settle valid debts, taxes, and costs. These may include medical bills, funeral expenses, or taxes owed to the state or federal government. Our firm assists with this process to ensure all obligations are met on time.
5. Distributing Assets
After debts are paid and court approval is received, the personal representative distributes the remaining assets to the rightful heirs. In cases involving disputes or blended families, we provide legal support to ensure that distributions comply with the law and accurately reflect the decedent’s intentions.
How Long Does Probate Take in Florida?
The probate timeline varies based on the estate’s complexity. Summary administration can take as little as two to four months, while formal administration may require six months to a year or longer. Disputes, missing documents, or involvement by the IRS may extend the process.
Our attorneys are also licensed CPAs, enabling us to assist with IRS estate tax matters that may arise during the probate process. We help clients respond to Form 706 inquiries, resolve disallowed deductions, and protect estates from unnecessary penalties and tax liabilities. For families with property or heirs outside the U.S., our international estate planning attorney ensures compliance with reporting laws across multiple jurisdictions.
Learn more about our approach to these issues by visiting our practice areas page.
Start the Process with Trusted Legal Support
Probate is more than a legal procedure. It is often a key step in honoring a loved one’s final wishes and helping a family begin to rebuild. At Aventus Law Group, we offer clear guidance and unwavering support during this challenging time. Whether you are a personal representative, a surviving spouse, or a beneficiary, we are here to help you understand your role and protect your interests. Contact us today to schedule a consultation and receive the support your family deserves.
