Jacksonville Probate Attorneys
Questions About Probate? Call Owenby Law, P.A. for Help: (904) 770-3141
After the death of a family member, there may be a million questions running
through your mind, including: Should I keep paying the mortgage? How do
I get the house in my name so I can sell it? How do I access a checking
account if I'm not listed as a beneficiary? Is my homestead exempt
from creditors? If you have had a death in your family, the compassionate
and highly qualified team at Owenby Law, P.A. can personally guide you
through the probate process.
Notorious for being lengthy and complex, the probate process divides or
distributes your loved one's property pursuant to their will or by
the laws of intestacy in Florida. Let Owenby Law, P.A. take the burden
off you and your family during this difficult time by assisting you with
all of your probate needs. Our Jacksonville probate lawyers will do everything
possible to help preserve your loved one’s estate.
The Four-Step Probate Process
#1: Filing the Petition and Giving Notice to Beneficiaries
To begin the probate process, a person must file a petition with the probate
court. The person must choose between admitting the will to probate and
appointing an executor, or appointing the administrator of the estate
if no will exists. In addition, it is required that the notice of the
hearing is given to the beneficiaries and heirs of the decedent. If an
heir or beneficiary does not agree with the petition, they can object in court.
#2: Adhering to Appointment by the Court
A personal representative must provide written notice to any creditors
of the estate. If a creditor wishes to make a claim on any of the estate’s
assets, they must do so in a specified window of time. Additionally, complete
inventory should be taken on any real property, bonds, stocks, business
interests, and other assets. In some cases, an independent appraiser can
be hired in order to appraise any non-cash assets.
#3: Understanding What the Estate Must Pay
During this step, a personal representative must decide which of the creditor’s
claims are legitimate. From there, the personal representative must pay
those claims and any other final bills of the estate. In some cases, a
personal representative is allowed to sell the estate’s assets in
order to meet the obligations of the decedent. Once this step has been
completed, they can begin transferring assets to beneficiaries.
#4: Transferring Assets to Beneficiaries Listed in the Will
A personal representative will petition for the transfer of remaining assets
to the beneficiaries listed in the will. If the will states that a trust
must be created for the benefit of a spouse, incapacitated family member,
or minor, the money is moved to the trustee. When the petition is granted,
a personal representative can determine deeds for transfer stock, property,
and may choose to transfer property or liquidate assets.
Contact Owenby Law, P.A. for Your Free Consultation
If you are facing difficulties with the probate process, get in touch with
a Jacksonville probate attorney right away. We will take the time to understand
the details of your situation so that we can streamline the process for
you. We understand these times can be difficult, which is why we are here
to guide you. At Owenby Law, P.A., our team is passionate about letting
you heal while we handle all of the complicated legal matters.
With more than a decade of experience to our name, our firm is confident
in our abilities to help you resolve your probate matter in the most effective
and favorable manner available. Our goal is to protect your family’s
interests so that you can focus on spending time with your loved ones
instead of having to be consumed by probate issues. Let us help you move
on with your life by first getting past probate.
To schedule your free consultation,
contact Owenby Law, P.A. Backed by years of experience, we are ready to stand by your side.