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Jacksonville Probate Attorney
Work With Probate Specialists in FL
Probate is the official verification of a will. In Florida, handling a loved one’s assets and liabilities upon their death is called administering the probate of their estate. This process occurs whether or not the decedent (the person who died) had a will.
Under Florida state law, the probate process is mandatory if the decedent owned assets. It must occur before those assets can be transferred to anyone else—even if the beneficiaries are the decedent’s family members.
What Is a Probate Lawyer?
A probate attorney, sometimes referred to as an estate lawyer or a probate lawyer, is a legal professional who provides guidance to personal representatives, beneficiaries, or heirs of an estate on how to settle the final affairs of a deceased individual, known as the decedent. In Jacksonville, Florida, a probate attorney can guide you through the complex and often nuanced probate process. Working with a probate attorney near you can alleviate the burdens of paperwork, legal formalities, and disputes among claimants, providing invaluable support during a challenging time.
What Does a Probate Lawyer Do?
A probate attorney can explain Florida's probate laws, assist in the identification and collection of the decedent's assets, pay off any owed debts, and distribute the remaining assets as per the decedent's wishes or, in the absence of a will, as per Florida's intestacy laws.
Other services probate lawyers can provide include, but are not limited to:
- Offering Legal Advice: Probate lawyers provide legal advice to representatives on how to administer the decedent's estate effectively and lawfully. They provide guidance on various probate law matters, including how to pay off debts and taxes, and how to properly distribute assets among beneficiaries.
- Navigating Court Proceedings: Probate lawyers represent personal representatives in court proceedings. They can navigate the nuances of probate court and help speed up the process.
- Resolving Estate Disputes: If disputes arise among beneficiaries, a probate attorney can act as a mediator, helping to negotiate agreements and resolve issues without further legal action.
- Managing Estate Taxes: Probate attorneys can help in the calculation and payment of any estate taxes that may be due. They can also suggest strategies to minimize these taxes.
- Assisting with Property Sales: If the estate includes real estate that needs to be sold, a probate lawyer can assist with this process, ensuring that all legal requirements are met.
- Providing Guidance on Legal Matters of the Estate: Probate lawyers can guide representatives through legal matters such as how to handle the decedent's final bills and debts, how to maintain estate assets, and how to address claims against the estate.
Remember, when you need a probate attorney in Jacksonville, Florida, a qualified probate law firm must understand the stress and complexities of probate administration. At Edwards & Edwards, P.A. we are committed to ensuring a smooth transition of assets. Our lawyers have the experience you need to make the process of probate as smooth at possible.
What Sets Us Apart
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Over 65 Years of Combined Experience
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Wide Range of Legal Services Available
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Responsive to Client Communication
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Sister-Owned Firm, Entirely Run by Women
Partner with a certified, women-owned business recognized nationally for its dedication, expertise, and commitment to outstanding service.
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Meet the Team
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Hear From Our Happy Clients
At Edwards & Edwards, P.A., your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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“Fantastic attorney and extremely personable”Ann Marie Martin
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“They are very professional and make every effort possible to win your case. They explain very clearly what will need to be done and help you all the way.”Severine Wider
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“Amanda Edwards is professional and straight forward with you about your case. Would highly recommend her to anyone that needs assistance.”Suzy McGuffin Smith
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“Their commitment to each and every client is impressive. I've referred two individuals to them now and I have been thanked for doing so by both of them.”Matt Igou
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“Very diligent and attentive in any of the legal needs that I or my company have had.”Lucas Kuchler
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“Felecia is an amazing attorney that cares, will fight for your case with everything she has, and will make sure you are informed of what’s happening every step of the way.”Devon White
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“I am very happy with the services of Edwards & Edwards and my attorney Mrs. Walker.”Sayed Hashimi
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“I would and have referred friends and family members to them, as I know they would not only take amazing care of them and their case, but would do so in a way that is straightforward to their client, and always in the best interest of their client!”Jamie Kirschner
Streamline the Probate Process with Edwards & Edwards, P.A.
Dealing with the probate process can be overwhelming and time-consuming, especially during an already difficult time. At Edwards & Edwards, P.A., our team of experienced probate lawyers is here to guide you through the process and ensure a smooth and efficient resolution.
What sets us apart:
- Compassionate and Personalized Service: We understand that every probate case is unique, and we take the time to listen to your specific needs and concerns. Our team is dedicated to providing compassionate and personalized service to help you navigate through the complexities of probate.
- Extensive Experience: With over 65 years of combined experience, our probate attorneys have a deep understanding of Florida probate laws and procedures. We have successfully handled numerous probate cases and have the knowledge and expertise to handle even the most complex situations.
- Efficient and Timely Resolution: We strive to streamline the probate process and minimize any unnecessary delays. Our team is committed to working diligently to ensure a timely resolution, allowing you to focus on what matters most during this difficult time.
- Attention to Detail: Probate involves a significant amount of paperwork and legal documentation. Our meticulous attention to detail ensures that all necessary documents are properly prepared and filed, reducing the risk of errors or complications.
We can help you in this time of need. Call (904) 478-9255 or send us a message through our online contact form.
What Assets Go Through Probate?
In Florida, the assets that go through the probate process are the ones that the decedent owned in their name during the time of their passing.
This typically includes things like:
- Bank accounts
- Investment accounts
- Life insurance policy
- Retirement account payable to the estate
- Real estate
Other assets that also go through are assets that were owned by the decedent and one or more co-owners did not provide information regarding automatic succession of ownership at death.
How Long Does Probate Last In Florida?
At Edwards & Edwards, P.A., our Jacksonville probate lawyers stay on top of all probate cases, speeding up the completion of the process to as quick as 30 days, depending on the complexity and the cooperation of the parties in each case. For more complex and high-value estates, the probate process can take 6-12 months to complete, however it also depends on the type of estate that is being processed.
Average time it takes to probate different estates:
- Simple Estate: about 3 months or less
- Formal Administration: about 1 year
- Complex Cases: 2 years or more
If estates are being disputed or in litigation, it may take even longer for the probate process to close. In some situations, documents may be missing, beneficiaries cannot be found, the assets cannot be collected easily -- it is possible for probate to go on for a long period of time. That is why it may be helpful to have an experienced Jacksonville probate attorney by your side.
What Is the Florida Probate Process?
Generally, the probate proceeding takes place in the county where the decedent was living at the time of death. At the hearing, beneficiaries and heirs are given notice so they have the opportunity to object or agree. Heirs refer to those who would inherit assets according to state law in the absence of a valid will.
The court then issues Letters of Administration, which is a document that gives the probate attorney authority to settle the estate. If a will is in place, it must be filed with the court to be proven valid.