Brevard Florida Probate, Trust, & Estate Attorneys
The goal of estate planning is to give you control over the eventual distribution of your assets to those persons and organizations you wish to recognize and honor. Estate planning also provides the opportunity to maximize your estate by minimizing the future costs and fees to your beneficiaries during the probate process.
What is probate?
Probate is the most misunderstood legal term we encounter in our practice. Probate is the process whereby a “testate” (with a will) or “intestate” (without a will) estate is distributed to the appropriate beneficiaries by the court. The process includes transferring real estate, vehicles, and noticing creditors that a death has occurred. A probate may be contested or uncontested depending on whether or not the “beneficiaries” are in agreement with the inventory, payment of debts, and distribution of assets.
We offer a free initial consultation for probate to assess your particular situation and guide you through your options in order to make the best possible choices.
What is the probate process like?
If the probate is uncontested and the estate has a will, the process is simple: a public notification of the death is made, debts are paid, and assets are distributed in accordance with the will. This process can take as little as a few weeks as there are mandatory wait periods to let debtors notify the estate of their claim.
If there is no will, distribution of assets is governed by state law. Generally speaking assets go to surviving family members. If the probate is contested, it must be ruled on in probate court.
In all of these scenarios, Romaine & Nugent can help.
How can Romaine & Nugent help?
We can help you with estate planning to avoid probate, and ensure that all of your wishes are fulfilled when the time comes. The sooner we start working together, the more prepared we can be for what may come next. We can also help you probate an estate after the fact.
Contact us today for a free probate consultation.