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Probate Frequently Asked Questions

When it comes to probate, families often have many questions. When someone you love dies, this is an overwhelming time. Florida Probate adds additional stress and can be very confusing, especially while a family mourns. Our experienced attorneys take that stress away and give you peace of mind that everything is being taken care of.

This blog is dedicated to a few of the common questions people have when they call our office. Consultations are FREE, if you have questions, give our office a call today at 386-255-1925, or contact us online.  

Question: What is probate? 

Probate is the court-supervised process for distributing assets, paying debts and resolving estate matters for the decedent. Without a will a judge will have discretion on distributing your assets.   

Question: Do I need a will? 

If you have assets you want to protect or minor children, then absolutely YES you do need a will. Without a will your estate will have to go through the probate process, and will be at the full discretion of a judge. To ensure your wishes are protected you will need to have a will.

Question: Do I have to have an attorney? 

When it comes to estate planning, and protecting your assets one size doesn’t fit all. Our experienced attorneys take the time to get to know you, and your family’s needs. We tailor a plan that works for you and within your budget. Estate plans can be very overwhelming on your own, and if not done correctly might not be legal. Consultations with our experienced attorneys are FREE. Do not risk your legacy, call our firm today.

Question: How long does probate take? 

Depending on the size of your estate, and if you have a will in place this process could take anywhere from a few months, to a few years. We take every precaution to safeguard your estate and family from lengthy probate. Call our firm today for a FREE consultation.

Question: What is a “Personal Representative?” Can I name anyone? 

A personal representative is the person designated either by yourself, or the court to oversee the distribution of assets, pay off debts and close out the estate. You can appoint someone to this role; however, they must be at least 18 years old, and physically and mentally capable of this duty. To learn more, call our office today.

Question: Can I avoid probate? 

Yes, provided you have a will in place. Wills are legal means of documenting your final wishes on how your assets are distributed. This protects assets and ensures your desires are followed out.  

No, provided there is no will in place. In cases where there is no will a court will determine how assets are distributed.

Schedule a FREE conciliation 

We work with you at Every & Stack to build a comprehensive legal plan that will protect your legacy and assets. We give you peace of mind when it comes to protecting what you’ve built and your final wishes. The initial consultation is free call us at 386-255-1925. You may also contact us online to schedule a consultation at our Daytona Beach office.  

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