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Fort Lauderdale probate lawyer Nick B.Kanelidis can assist you in understanding and completing the probate process. He has been practicing probate law in South Florida for over 35 years.
Probate is the process whereby the assets of a deceased person are gathered, debts are paid and the remaining assets distributed to the heirs or the persons named in the Will.
Most of the time, the process is simple, especially where there are only one or two heirs and no one contests the probate.
A probate attorney prepares the necessary paperwork as the probate proceeds and the client reviews and signs the documents.
If the deceased person died without having a Will, the person is said to have died intestate.
The estate is still probated, but instead of the assets being distributed according to the Will, they are distributed to the heirs specified in the Florida Statutes. These Statutes provide generally that the assets get distributed between the spouse and any children in set amounts or percentages.
If there is no spouse or children, the assets go to more distant relatives such as siblings. We can assist you in determining to whom the assets will be distributed.
The Will normally specifies a personal representative of the estate. This is the person usually responsible for the probate.
In Florida, the personal representative used to be referred to as the executor. The personal representative is normally the one who hires a probate lawyer to do the probate.
If there is no Will, then normally the closest relative is appointed personal representative.
If the value of the assets owned by the deceased person at the time of his or her death is less than $75,000, a summary administration may be completed instead of a formal probate. The summary administration is a quicker and less expensive procedure and usually can be completed by a probate lawyer within about a month.
A summary administration may also be used if the deceased person died more than two years ago, regardless of the size of the estate.
The fees we charge depend upon the size and complexity of the estate. For smaller estates, we will be able to quote you a flat fee provided the probate is not contested, no claims are filed and the beneficiaries cooperate to waive accountings, etc.
Please call us for a quote at 954-351-8800.
If you're seeking help from a Florida Probate Law Attorney, contact Nick Kanelidis today.
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