Ron W Stevens graduated from the University of Florida in 1988 and has been practicing law for 19 years.

The firm’s focus is to develop sophisticated estate plans that meet goals of clients throughout the North Central Florida area.

PROBATE - COMMONLY ASKED QUESTIONS

 

What is 'probate'?

Probate is the process that transfers legal title of property from the estate of the person who has died (the "decedent") to his or her proper beneficiaries and heirs.

The term "probate" refers to a "proving" of the existence of a valid Will, or determining and "proving" who one's legal heirs are if there is no Will. Since the deceased can't take it with him, probate is the process used to determine who gets his or her property.

Why is probate necessary?

When someone dies owning real estate, bank accounts, CD's, stock, automobiles and other property , there must a "system" established to pass these assets to those persons entitled to receive them. This system is called probate.

How do I get started?

The first step is to call our office and talk to the Attorney or one of our probate assistants in order to identify if a probate is even needed and if so, what type of probate is required based on various factors which will be discussed. If probate is needed we typically send an agreement to the responsible party to sign stating that the person signing wishes to hire us and agrees to deposit a reasonable retainer to start the process.

Is probate always necessary when someone passes away?

No! To know whether probate is required in any particular situation would require a discussion of what assets were owned at the time of death and how ownership of such assets was held (i.e., If a husband and wife own real estate and one dies there is typically no probate required.)

How do I know whether a probate is necessary or not?

Usually you need to speak to the Attorney and answer several questions in order to determine whether a probate will be required or not.

How much does it cost?

Small estates are usually handled on an hourly rate basis. Larger estates are normally handled on a small percentage of the value of the estate; the percentages charged are set by Florida law and usually do not exceed 3% of the estate.

Will or No Will?

If a person has a valid Will, the decedents property would normally pass to those individuals named in the Will. If someone does not have a Will, Florida law determines who is entitled to receive the decedents assets.

What kind of property is included in the estate?

The term "property" can mean real estate, homes, bank accounts, automobiles and virtually any other assets belonging to the decedent.

How long does probate take?

This depends on many factors. The probate process can take as little as a couple of months or last a few years depending on the issues, the complexity, whether the beneficiaries are in conflict and many other factors. The average time for a simple small estate is 4-6 months.

What if the original Will can't be found?

If you have a copy of a valid Will but can't find the original it is still possible most times to probate a copy of the Will, however there are extra steps that must be taken and extra requirements to meet. If you can't produce the original nor a copy of the Will, the estate can still be probated except the estate assets would then pass "interstate" (as if there was no Will). In such cases the recipients of the estate assets would be determined by Florida law and not by Will.

May I call and ask questions?

Yes, we always welcome calls concerning probate matters. If you are nearby , it is always best to call and make an appointment. If that is not possible we'll be glad to speak to you provided we are not engaged in court or with another client. If we are unavailable to answer questions at the time of your call, we will be glad to return your call as soon as possible.

If someone lives in a state other than Florida and owns property in Florida, what state handles the probate?

Both! The state in which a deceased person lived at the time of death
(for probate purposes) is called the "domiciliary estate". The domiciliary probate would have to be carried out in the state of residence as concerns all assets held in that state. Any property owned by the deceased located in Florida would have to be probated separately in Florida. Sometimes the two probates are done simultaneously; other times the domiciliary estate is probated first, then the Florida estate is probated.

I understand that your office is located in North Central Florida in Levy County, but can you handle probate matters throughout the entire state?

Yes!, However in a few limited situations (i.e., contested estate matters), it may be beneficial and cost effective to hire an attorney practicing in the county where the actual probate is to be filed. This issue would be decided after speaking with the attorney. 

If I live far away or in another state, do I have to travel to Florida?

This again, depends on many factors, however we have probated many estates over the years where everything was handled by mail and our clients never had to travel to Florida.

Exactly, where is Levy County located?

Levy county borders Alachua County (Gainesville, Florida) to the northeast and Marion County (Ocala, Florida) to the southeast. We are located approximately half way between Jacksonville and Orlando, Florida.

I have reviewed the above, but still don't know what to do...

We understand! Probate is not a simple process. The brief Questions & Answers section above is not intended to answer all of your questions which is why we invite you to call us to discuss the particulars of your situation. We've been doing this for approximately 18 years and have a long history of satisfied clients. We would love to hear from you, so give us a call. If we are unable to speak with you in depth at the time you call , we can easily set aside a small block of time convenient to you when we can call you back and answer any questions you may have and advise you further.

Please feel free to give us a call at: 352-486-3039
with your Probate questions.