Why Would You Need a Florida Probate Attorney?

One of the most common questions Florida probate attorneys are asked by potential clients is, “Why do I need a Florida probate attorney?” The short answer is sometimes Florida law requires you to be represented by an attorney in probate, but even when not required, if you are not completely sure of what you are doing, it is very easy to make mistakes that may allow others to sue you. Unfortunately, not knowing the law is not a valid defense if you mess up and get sued. This article will cover some of the reasons that make it a good idea to always consult with a qualified Florida probate attorney when you are involved with a Florida probate estate.

You May Be Required to Hire a Probate Attorney

When an estate needs to be probated in Florida, one of the first questions is what type of administration is needed: formal or summary administration? In Florida, formal administrations always require the personal representative to be represented by an attorney unless the personal representative is the only person interested in the estate. [1] If you are not sure what it means to be interested in an estate, you are not alone, as this is one of the most commonly debated topics in Florida probate law! Different people can be interested at different points of the probate process, so it is very rare that a personal representative is the only interested person unless it is the very end of a formal administration. Since it is not always easy to determine what a personal representative is required to do, they should always be represented by a Florida probate lawyer.

You May Be Liable If You Make a Mistake

Whether acting as a personal representative in a formal administration or the petitioner in a summary administration or homestead proceeding, you are assuming liability for your actions. Probate in Florida is governed not just by many statutes, but by the Florida Probate Code and local courts’ rules as well, which can be complicated and confusing. If you make a mistake, whether that be failing to include someone in a distribution, addressing a creditor claim, or even serving notice on an interested party, the affected party may be able to go after you personally for any harm you caused them. No one wants this, and most often, these issues are easy to avoid with simple guidance from a Florida probate attorney. You may think you are saving money by not hiring a probate attorney, but if you end up getting sued, you will likely end up paying much, much more. 

Florida Has Unique Homestead Laws

Did you know that in Florida, a decedent’s homestead is treated differently than other probate assets? Whether the decedent was married or had minor children at the time of death, or died with or without a will, all affect how a homestead passes at death. Trying to distribute a home to the wrong person can lead to many problems, including unmarketable title and contentious family disputes. These problems may not surface until much later, leaving future generations to try to resolve them. A knowledgeable Florida probate attorney can help navigate the complex homestead laws and ensure property ends up in the correct hands.

Creditors Need to Be Addressed

Regardless of the type of probate, if you are administering an estate within two years of a person’s death, you need to address the decedent’s creditors. Creditors are dealt with differently depending on the type of administration, and claims that are filed against estates can often be negotiated down. This can be a time-consuming and frustrating process, but an experienced Florida probate attorney will be able to guide you through appropriately handling creditors and their claims to ensure you are not personally liable and the estate does not pay more than is needed.

Do You Know Your Rights as a Beneficiary?

While there may be only one person handling an estate, there are often many more beneficiaries. Beneficiaries have a number of rights in Florida probates, but these rights do not mean anything if they are not exercised. And almost all of these require beneficiaries to act within a certain time frame, or they waive their rights and can no longer do anything, even if someone else acted inappropriately. If you are a beneficiary in a Florida probate, consulting with a Florida trusts and estates attorney can help ensure your rights are protected.

Help Through a Stressful Time

If you are involved in a probate, chances are you have lost someone close to you. Probate can seem like a scary, overwhelming process for most people in the best of times. Navigating it while grieving and dealing with other family and friends who may act unpredictably just makes things worse. A probate attorney can help anchor you, assess the situation, and explain the steps necessary without complicated legal jargon getting in the way. Probate is not always a streamlined process, but it can become much less work for you by hiring an attorney who specializes in Florida probate.

Key Takeaways About Why You Need a Florida Probate Attorney

There are a number of reasons why you may need a Florida probate attorney, including:

• Personal representatives are usually required to be represented by a Florida probate attorney.

• You may be held liable for costly errors, which are not uncommon given the complexity of the probate process and the uniqueness of certain aspects of Florida law, such as homestead laws and creditor rights.

• The best way to ensure your rights are protected is to have a Florida probate attorney. 

Probate is not always an easy process to handle, but it can be made easier for you by hiring a qualified and experienced Florida probate attorney. If you have any more questions regarding Florida probate, please refer to our Florida Probate FAQ. 

[1] Fla. Prob. R. 5.030(a).