Probate Attorney Serving Belleview, Florida
If your loved one had all of that in place, probate may be unnecessary. If even one account or one piece of property was overlooked or could not carry a beneficiary designation, probate is likely still required to legally transfer it.
That is the first thing we look at when a Belleview family calls us. It costs you nothing to find out, and the answer sometimes saves months
Learn more about our ways to avoid probate.
Before anything else, a question worth answering: you may not need probate at all.
Probate is the court process that transfers legal ownership of property from someone who has died to the people entitled to receive it, and settles that person's debts along the way. But not every asset goes through probate. Accounts with a pay-on-death or transfer-on-death designation pass directly to the named beneficiary. So does property held jointly with someone else, and anything already titled in a trust
Need a Probate Attorney in Belleview, FL?
We provide:
Transparent flat fees for many probate cases
Step-by-step guidance in plain language
Responsive communication and personalized support
Assistance for out-of-state executors managing Florida estates
Our experienced probate attorneys help Belleview families navigate the legal process, avoid costly mistakes, and minimize unnecessary delays while settling a loved one's estate.
Why Belleview Families Work with Merhar Law
We are based in Gainesville and work throughout Marion County. Much of a probate case is handled by phone, email, and mail, so distance is rarely the obstacle people expect it to be.
Flat fees on many probate matters, quoted before we begin
The process explained in terms that actually make sense
Experience with both summary and formal administration
Help for out-of-state family members handling a Florida estate
A real person answering the phone when you call with a question
Our goal is to make probate less stressful while helping families protect their loved one’s estate and wishes.
The Two Main Types of Florida Probate
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Summary administration
Is the shorter path. It is available when the probate estate is worth no more than $150,000, or when the person died more than two years before probate is opened. That dollar limit counts only property that has to go through probate that is not exempt from creditor claims, so it excludes homestead property, other exempt property.
Summary administration is faster and cheaper because the court does not (not usually does not) appoint a personal representative and no public notice to creditors is required. There is a catch worth understanding: If you know of creditors, you still have a duty to notify them and settle the debts. And if a creditor surfaces later within the two-year window, whoever inherited from the estate can be on the hook to pay the creditor from what they received.
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Formal administration
Takes longer and costs more, and for some estates it is the better choice anyway. The court appoints a personal representative who collects and inventories assets, deals with creditors and beneficiaries, and can handle lawsuits involving the estate.
The advantage is finality. Formal administration requires publishing a notice to creditors, which gives unknown creditors three months from first publication to file a claim. Anything filed after that is barred, no matter how legitimate the underlying debt was. A business owed twenty thousand dollars that misses the window collects nothing. That certainty is often worth the extra time.
Which one fits depends on the size of the estate, what the assets are, and whether creditors are a real concern. We will tell you which one we recommend you pursue and why.
Other Probate Matters We Handle
Determining homestead. A home is usually the most valuable thing in an estate, and Florida gives it special protection from most creditors while limiting who can inherit it. Technically, the homestead is not part of the probate estate, but a judge still has to determine which property qualifies and sign an order confirming that the protection applies.
Opening a safe deposit box. Before probate is opened, a box can be entered only to remove a short list of items: a will, a deed to a burial plot, burial instructions, and any life insurance policy on the person who died. Once probate is underway, the personal representative can open the box and remove everything in it without a separate court order.
Selling estate property. A personal representative may need to sell property to raise cash for debts or to divide value evenly among beneficiaries. It also comes up when several beneficiaries inherit shares of the same piece of real estate and do not agree on what to do with it. That sale can be handled inside the probate case.
What to Gather Before You Call
You do not need all of this to schedule a consultation, but having it speeds things up considerably.
The original will, if there is one
A death certificate
A rough list of accounts, real estate, and vehicles owned by the decedent
Any statements showing named beneficiaries
Names and contact information for beneficiaries and close family
Any bills or notices from creditors
If you think there was a will but cannot find it, tell us. There are steps to take to try to find a lost or missing will.
Belleview Estates and the Marion County Court
Probate for Belleview residents is handled through the Marion County court in Ocala, a short drive north on US 441.
Much of a probate case is paperwork filed on a schedule. Missing a deadline can slow down the process or stop things from moving forward, which is the main reason families hire an attorney rather than filing on their own.
Serving Belleview and Southern Marion County
Belleview
Summerfield
Ocklawaha
Silver Springs Shores
Weirsdale
Schedule Your Free Probate Consultation
If you are searching for a probate attorney in Putnam County, Florida, Merhar Law is here to help.
Contact us today to schedule a free consultation.