What is probate?
Probate is the legal process for transferring the assets of a deceased person and putting gall potential claims of creditors to rest.
But do I actually need a probate attorney?
Outside of two minor exceptions, an attorney is required by the state of Florida for most probate proceedings. The two exceptions are as follows: the personal representative is the sole interested person in the estate, or if it is a summary administration (the decedent died with an estate worth less than $150,000 after July 1st, 2026, or an estate worth less than $75,000 before July 1st, 2026).
Even if the probate does apply to one of the exceptions to the requirement of an attorney, it is almost always worth it to hire an experienced probate attorney to assist throughout the probate process. Probate is complex, and personal representatives are often held personally liable for any unpaid or overpaid creditor claims, missing or misused assets, failure to properly identify and claim homestead property, and failure to inform necessary parties about the probate.
What does a probate attorney do?
An experienced probate attorney ensures that all necessary steps to properly complete the probate are followed in accordance with Florida law. By hiring an attorney, the Personal Representative gains protection from personal liability for any mistakes that may harm the estate or the beneficiaries.
This includes, but is not limited to, the following: identifying, gathering, and determining the value of the assets of the estate, identifying and serving all potential heirs, notifying all potential creditors, handling valid creditor claims against the estate, filing necessary estate tax returns and tax returns for the decedent, distributing assets as necessary, identifying and claiming homestead property exemptions, and ensuring all court deadlines and procedures are met.
At Korshak & Associates we have a combined over 65 years of legal experience, and work extensively in the probate courts. We have handled complex and contested probates, ancillary probates, summary administration, and probates with questionable homestead. We are here to provide expert guidance in your probate case, to honor your deceased loved ones and to protect your family.
