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Home > Practice Areas > Estate Planning > Vero Beach Probate

Vero Beach Probate

Vero Beach Attorneys

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Probate is the judicial process of proving a will. Once a will is judicially determined to be valid and is accepted by the probate court, the process can begin to settle the estate by gathering the property and assets of the deceased and transferring title to the heirs and beneficiaries. The probate process can be lengthy, time-consuming and complicated, and it sometimes seems insurmountable to family members who have been named as executors of a will but have no practical experience in the many tasks involved. Lulich Attorneys & Consultants can prove invaluable in this regard. Our Vero Beach probate lawyers are vastly experienced in estate planning, probate and Florida real estate matters. Our firm is well-equipped to handle any probate issues regarding estate property and administration, helping to swiftly and efficiently conclude the probate process for the benefit of the estate and its heirs and beneficiaries.

What is Probate Property?

Florida probate applies to the estate of any deceased person who was domiciled in Florida (domiciliary proceeding) or who lived out of state, yet owned property in Florida (ancillary proceeding). Not all property or assets necessarily need to be probated, though. Generally, probate is required for assets owned in the sole name of the deceased, or were co-owned with another but without any provision for transfer of ownership or succession upon death. Examples of typical probate assets include:

  • Checking accounts (except joint accounts with a POD or survivorship designation)

  • Other bank or investment accounts solely owned by the deceased

  • Life insurance policies, IRAs or annuities payable to the estate rather than a named beneficiary

  • Real property that is solely in the deceased’s name, or owned with another person as tenants in common (not counting homestead property)

Alternatives to Probate in Florida

Probate

Besides the typical formal administration process of probate, probate also may be concluded through a Summary Administration process and in some cases without administration at all. The summary process is available when the value of the probate estate minus exempt property is $75,000 or below, provided that all estate debts are paid and no creditors have filed objections. Also, if the deceased passed more than two years ago without any administration occurring, the summary process may possibly be used.

Another process, known as Disposition of Personal Property Without Administration, is available provided that: all the probate assets are exempt from the reach of creditors; there is no real property in the estate; and the value of non-exempt personal assets is less than the amount of preferred funeral expenses and any reasonable and necessary hospital and medical expenses which were incurred within the last 60 days of the final illness of the deceased.

Vero Beach Probate Help from the Simplest Estate to the Largest or Most Complex

Despite even the most careful estate planning, problems often arise in probate which were not foreseen by the testator. The validity of the will may be contested, or there may be more than one will in existence. Other parties may challenge title to property or claim a superior interest to it. Family members left out of a will may challenge their right to inherit. The list of issues which may arise is endless. Regardless of the nature and extent of the estate or the problems which arise, Lulich Attorneys & Consultants are here to solve those problems.

For knowledgeable, skilled and effective assistance with a Vero Beach probate matter, call Lulich Attorneys & Consultants at 772-774-7771 for a free consultation.

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