First and foremost, if you are in need of legal representation for a Jacksonville, Duval County, probate proceeding, please accept my condolences for your loss. This is a legal proceeding required when a person dies with assets in only his or her individual name. Probate is the legal proceeding that allows you (a beneficiary) to legally gain the deceased’s assets whether there is a will or not. It is not a will that prevents probate; it is whether the deceased has assets in only his or her name at the time of death that dictates whether a probate must be opened. If a person dies with no will (intestate), the State of Florida has statutory guidelines of how assets pass. A probate proceeding can be a long drawn out process, contentious and costly to your loved ones. If a Florida resident dies with no living relatives, the deceased’s assets will go to the State of Florida.
Starting a Florida probate proceeding will first depend on the amount of total assets included in the estate. If the estate is valued under $75,000.00, then you will need a Summary Administration. If the estate is valued over $75,000.00, then you will need a Formal Administration. In either proceeding, creditors of the deceased must be notified. Creditors claims must be timely filed; and if so, then the creditors must be paid. Creditor claims will deplete the assets of the estate; and depreciate the amount left for the heirs.
Lim & Company, PL is a Jacksonville attorney’s office here to assist you with your Probate proceeding or legal needs.