Probate is the legal process by which a person's debts are paid
and assets owned by the decedent are distributed upon death.
Probate litigation frequently arises in the context of a Will
contest. When a decedent has created a Last Will and Testament
and it is offered for probate, Florida law grants creditors and
heirs various rights, privileges and limitations that must be
strictly followed.
When a loved on passes on, one would hope the wishes designated
in a will will be carried out smoothly and without
complications. Unfortunately, probate litigation has become one
of the most contested areas of the law in that State of Florida.
There are situations when a viable injustice has been brought to
light or a family needs probate litigation to prevent an
injustice from happening.
Cohen & Best, P.A.,
has the experience
to handle these difficult, yet delicate, legal issues.
Typically, Florida probate litigation is first considered by an
individual after they receive a Notice of Administration
informing them an objection to a probate proceeding must be
commenced within a specific period of time or be forever barred.
Probate litigation is the broad concept of challenging:
While every probate estate is unique, most involve the
following steps:
-
Filing of a petition with the proper probate
court.
-
Notice to heirs under the Will or to statutory
heirs (if no Will exists).
-
Petition to appoint Executor (in the case of a
Will) or Administrator for the estate.
-
Inventory and appraisal of estate assets by
Executor/Administrator.
-
Payment of estate debt to rightful creditors.
-
Sale of estate assets.
-
Payment of estate taxes, if applicable.
-
Final distribution of assets to heirs.
