Posted on Thursday, May 12th, 2022

Heard the old saying, “If I had a nickel for every time someone asked me about what Probate is, I would be a millionaire by now?”  Well, if not, then you are not an Orlando Probate Attorney.  Over the years, countless clients have called me trying to figure out what Probate is and why they need it.

Most often, this occurs when someone they are caring for, like a parent or sibling, dies, and they are trying to access the bank account or the life insurance to pay for a funeral or the mortgage payment.  The bank, or life insurance company, inevitably tells them that they need a Letter Testamentary of Order of Probate.  In most instances, this is the first time my client has ever heard of these words.  Some clients believe that a lawyer can provide these documents, but in Florida, only a Judge can issue the necessary documents.  In Florida, these are called the Letter of Administration and the Order Appointing Personal Representative.

So What is Probate?

Probate is the legal process of transferring the assets and paying the debts of a deceased person to their family or beneficiaries.  In short, Probate is a Court Case.  In that case, one person applies to be appointed as a personal representative of the Estate.  The Personal Representative is sometimes required to have a Florida Probate Attorney representing them in the proceedings.  In fact, unless the person who wants to be the personal representative is the sole beneficiary of the estate, a Florida Probate Attorney is required in Florida.

When is Probate needed?

The million-dollar question.  Who needs Probate?  There are some instances where Probate is not actually required.  For example, if proper estate planning is conducted, most married couples will not need probate when their spouse dies.  Here are some examples of when you do or do not need Probate.

Use of an Orlando Probate Attorney.

Of course, it’s never as simple as that.  There are always exceptions to the rule.  An Orlando Probate Attorney knows the ins and outs of how Probate works.  Want to find out if you need an Orlando Probate Attorney?  Contact Nishad Khan P.L. to discuss your Probate with an experienced and knowledgeable attorney. 

 

Written by Amber Williams