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If you have recently lost a loved one and have been named as the executor of their estate, it’s likely that you’re feeling overwhelmed by not just your grief, but also the legal implications that loom over you when a death takes place. Settling a loved one’s legal and financial affairs is no small task. 

Probate is a Florida court process that may be necessary in order for your family member’s assets to be distributed to their beneficiaries. It is typically a time-consuming, stressful, and expensive ordeal to go through. Luckily, with the help of Elder Law, P.A.’s Boca Raton probate attorney, the process can be simplified so that you can focus on properly grieving and moving forward with your life. Call now to schedule a free consultation and learn about your next steps.

Boca Raton Probate Attorney 

What Is Probate?

Probate is a process that helps the court ensure that a decedent’s assets end up in the right hands, according to their will or to Florida’s intestate laws. There are several steps that the executor needs to follow to be sure all taxes have been paid and creditor debts settled before the remaining money is distributed to the decedent’s beneficiaries. 

How Does Probate Work?

Every probate case is different, but the responsibilities of an executor or personal representative generally include, but may not be limited to the following:

  • Submitting the will and death certificate to the court
  • Filing a petition to open probate
  • Communicating with the court
  • Collecting and caring for the decedent’s assets
  • Inventorying and appraising those assets
  • Negotiating with creditors to settle debts
  • Filing final tax returns and paying any outstanding taxes
  • Distributing assets to heirs 
  • Paying court fees 
  • Formally closing probate
  • And more. 

Because every case is unique, there may be fewer or more steps required in your individual situation. 

Probate Can Be Complicated

While probate wasn’t created to be difficult, it is a complex process. It is challenging to understand, it’s lengthy, and it’s expensive when it comes to filing fees and other court-related costs. There is extensive paperwork involved which can be hard to manage and keep organized. Depending on the size of the estate, the various types of assets involved, and the number of beneficiaries, the process can take anywhere from 6 months to several years. 

There are other issues that may arise during the process, like family members who don’t agree on the distribution of assets. There may also be some who don’t agree with how the executor is handling the process, which leads to conflict that could result in a lawsuit. Additionally, creditors may attempt to make a claim against the estate. 

When you’re grappling with a significant loss in your life, this sort of legal pressure and chaos only makes matters worse. The good news is Elder Law, P.A.’s Boca Raton probate attorney has extensive experience handling Florida probate cases. He can eliminate some of your stress by taking care of all the legalities and intricate details on your behalf. 

How Elder Law, P.A. Can Help

Probate isn’t easy, so you shouldn’t have to face it alone. Elder Law, P.A. is familiar with the court procedures that need to be followed after someone passes. Our skilled Boca Raton probate attorney will explain all of your legal options, protect your rights, and walk by your side from start to finish of your probate case. Attorney Ryan Jay Smollar has over 10 years of experience helping executors like you through probate. Allow him to help you avoid costly mistakes while settling your loved one’s estate as quickly and efficiently as possible. Book your free consultation today.

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Boca Raton, FL Practice Areas

Natalie was amazing handling my dads medicaid application process, easy to communicate and we found the process very straight forward with their guidance. We would highly recommend their services to everyone who is in need of elder law, with our family all working full time and busy lives they gave us a peace of mind knowing they were working on getting things done.

Giovana H.

Ryan really cares about his clients, and it shows in the way that he advises them. He is extremely knowledgeable about elder law, and explains the rules in a clear manner. The issues can be difficult on family members to discuss, and he handles the material in a compassionate manner.

Joseph M.

Elder Law, P.A.

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