Probate law
You may be a resident of the Volusia County or of New Smyrna Beach or of Port Orange or of Daytona area or anywhere in the surrounding areas, and are in need of a probate lawyer. You need not worry about finding one. There are a number of registered law firms in these areas who can be of help to you.
The legal process that is adopted to distribute the assets of a deceased person to the heirs and beneficiaries by following that person’s will is called probate. The will is first submitted in the court for probate. The probate attorney will help you understand the nuances of probate and its proceedings.
The proceeding
A probate proceeding is started when the person who wishes to be appointed as the personal representative of an estate files a petition seeking such an appointment. An attorney files the petition. The person who wants to become the representative will be in charge of the estate. He or she will look after the payment of all bills and ensure the estate is distributed equitably among the beneficiaries.
A representative is needed when the estate has a significant amount of assets. The court decides the role of the representative. It will issue letters of administration to the representative to clarify the administrative duties of the representative.
Need for the process
In Florida, probate administration is a process supervised by the court. The process helps to identify and gather the assets of the deceased person. It is a means of ensuring that the claims made by creditors of the decedent (the deceased), paying the required taxes and the resulting expenses of administration are addressed and carried out.
If there is a proper will left behind by the deceased, it has to be submitted to the court for probate. The court will follow the will to determine that all desires of the decedent are being followed properly. In the instance that there is no will, the court will follow the Florida Intestate Succession laws and use the process of probate to handover ownership of the property and assets of the decedent to those who are entitled to inherit them.
Probate for non-residents
It may happen that the deceased person is not a resident of Volusia County or anywhere in Florida but has property in Volusia County. But as the property is in Florida, it will fall under Florida Probate laws and rules. A Florida Court in the Volusia County will administer the probate rules and laws. A probate action specific to Florida will be required to pass ownership of the property to the rightful heirs and beneficiaries of the deceased person.
The probate process is very complicated. It requires thorough and expert attention. If you are residing in Volusia County or have estates and property in Volusia and need help regarding probates or want to understand the laws related to it, do not hesitate to contact Debra G. Simms’ law firm. Have a look at the website https://simmslawfirm.com/.
To contact Florida attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.
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