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Understanding probate litigation in Florida: Part 1

It is common to have a lot of questions and concerns about probate in Florida. A lot of peoples' fears about probate litigation simply come from a lack of complete knowledge about how the process works. This column will explain probate in a number of posts in hopes of eliminating confusion associated with the process. This particular article will address the different individuals and professionals involved in the probate process.

There are actually quite a few people that may be involved in the probate process. The actual number depends on the facts of one's particular case. Those who may get called upon to take part during probate include:

  • Circuit court clerk
  • Circuit court judge
  • Appointed representative of the estate
  • Legal counsel
  • IRS representative
  • Any person or company filing claims against the estate

As previously stated, every case is unique and not all of these individuals will need to get involved in every case. For example, not all estates will have creditors seeking payments on debts owed or disputes filed by relatives. These cases can generally be closed swiftly.

When going through probate litigation in Florida, an estate's personal representative has the right to have legal counsel on hand. As the probate process can be confusing, and a number of issues can arise, having this right may prove to be invaluable. An experienced estate planning and probate attorney will be able to help answer any questions one might have and will work diligently to finalize the probate process as swiftly and smoothly as possible.

Source:, "Probate in Florida Pamphlet: 6. Who is involved in the probate process?", Accessed on Jan. 13, 2016

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