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Orlando Probate Information

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Lead Counsel independently verifies Probate attorneys in Orlando by conferring with Florida bar associations and conducting annual reviews to confirm that an attorney practices in their advertised practice areas and possesses a valid bar license for the appropriate jurisdictions.

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Understanding Probate

When an individual dies leaving a will, the legal process that takes place is called probate. Probate refers to how an estate is administered and processed through the legal system.

Probate Lawyers

The probate process can be confusing and overwhelming considering the circumstances. A Orlando probate lawyer will help with the management of the decedent’s estate, any trusts he or she may have as well as any guardianships or conservatorships in question.

Probate cases often become very detailed and a probate lawyer will help ensure the rights of the deceased are fully protected. Attorneys also have the sensitivity to family dynamics and are knowledgeable in common problems with probate cases.

What is probate?

Probate is the process through which assets from a deceased person’s estate are transferred to beneficiaries, such as spouses, children, and other loved ones. In plain terms, reading a person’s will and distributing the items contained in it is part of the probate process. In some states, probate courts also handle matters related to guardianships and conservatorships of children or disabled adults.

What happens if you don’t do probate?

Without an estate plan in place, the probate process will often still go forward, but it can get messier. Someone who dies without a will in place will often have their assets given to any survivors, even if that would have gone against their wishes. Court battles can unfold among relatives who feel like they deserve more.

How long does probate take?

In a simple case where there are no disputes, and the deceased had a strong plan in place, the probate process of distributing assets and paying off debts may only take a few months to complete. If someone challenges the will or any other part of the estate distribution, it can take much longer.

How can you avoid probate?

If you want your beneficiaries to avoid the hassle of probate, you have several options. You can make sure to name beneficiaries of bank accounts, retirement accounts, and life insurance policies. You could also move your assets to a living trust, which will allow you to access them while you are still alive but will automatically pass to your beneficiaries upon your death.

How an Attorney Can Help

An attorney can often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors. You should seek out an attorney whose practice focuses on the area of law most relevant to your issue.

The Importance of a Good Consultation

The goal of an initial consultation is to find an attorney you are comfortable working with and someone who can help you understand your options under the law. Seek to understand the relevant legal experience the attorney brings to your case. While it is not realistic to expect an attorney to resolve your legal issue during an initial consultation, you should gain a level of comfort with his/her ability to do so. A good consultation can clarify issues, raise pertinent questions and considerations for your case, and help you make an informed decision towards resolving your legal issue.

Points to Consider Before Hiring a Lawyer

Experience. Regardless of the type of legal matter you need help with, an experienced attorney will usually be able to get you better results.

Competence. Determine an attorney’s expertise by asking about their track record for the issue you need help with resolving.

Fit. There are plenty of good attorneys out there; make sure you find one you are comfortable working with.

Common legal terms explained

Plaintiff – a person or party who brings a lawsuit against another person(s) or party/parties in a court of law. Private persons or parties can only file suit in civil court.

Judgment – A decision of the court. Also known as a decree or order. Judgments handed down by the court are usually binding on the parties before the court.

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