Probate is the legal process of administering a deceased person’s estate. It involves settling debts and distributing assets according to the deceased person’s will or Florida law.
If the deceased person (decedent) left behind large or complex assets, especially business interests, probate can quickly become complicated.
BrewerLong has extensive experience guiding individuals, families, and businesses through complex legal matters, including probate administration.
Founded in 2008, we offer clear and compassionate legal counsel through our commitment to personalized attention, focus on business law, and dedication to our community.
Whether you need help with a relatively simple estate or are navigating a more complex one, our Orlando probate attorneys can help. Contact us to learn more about our efficient and effective services.
What Is a Probate Lawyer?
In short, what is a probate lawyer? A probate lawyer is your partner through the probate process. Probate attorneys work with the decedent’s loved ones to ensure proper estate administration. We offer advice, complete paperwork, and provide our experience and support throughout the process,.
What a Probate Lawyer Does?
Probate lawyers guide a decedent’s loved ones through the probate process. That means taking those loved ones through:
- Opening the estate—filing paperwork with a probate court to begin estate administration;
- Appointing a personal representative—requesting the court appoint an executor or administrator;
- Probating the will—determining whether the decedent’s will is valid if they left one;
- Inventorying the estate—identifying and appraising the decedent’s assets and debts;
- Identifying interested parties—determining who is or might be entitled to part of the estate based on state law or the decedent’s will;
- Notifying interested parties—notifying interested persons, including creditors, that estate administration has begun;
- Responding to creditor claims and satisfying debts—determining whether alleged debts are legitimate and paying them off out of estate funds;
- Distributing estate assets—transferring assets from the estate to the estate’s beneficiaries; and
- Closing the estate—completing the final estate paperwork and submitting it to the court.
We help you identify and locate necessary information, complete paperwork, and guide you through filing documents and working with the probate court.
Probating the Will
If the decedent had a will, a probate lawyer’s role begins with verifying the will to ensure that the will is authentic and that the decedent followed state law when they created it.
Interested parties can challenge the will, initiating a court process called a will contest. Probate lawyers explain to the court why the will does or does not comply with the law.
Inventory and Valuation
A probate lawyer also helps inventory and value estate assets. This process involves identifying real estate, personal property, bank accounts, and business assets.
Probate lawyers with business experience provide extra guidance in understanding and managing business assets, intellectual property, and any outstanding business inventory.
Settling Debts and Taxes
Probate lawyers guide the personal representative through paying off the estate’s debts. We can help determine whether a debt appears legitimate and assist you with specific debt-settling processes. We also advise you on your tax filing requirements during the probate process and help you complete the necessary paperwork.
Distributing the Estate
Next, probate lawyers oversee distributing the estate’s remaining assets to beneficiaries. We can help resolve disputes between beneficiaries over specific assets. If a business is part of the estate, we ensure that business interests are properly transferred or sold per the decedent’s wishes.
Special Considerations for Business Owners
Probate requires special care for business owners due to the complexity of managing business interests after the owner’s death. Some special considerations that may arise if the decedent was a small business owner include:
- Determining the future of the business—deciding whether to continue, sell, or liquidate the business;
- Valuing business assets—assessing assets like inventory, intellectual property, and goodwill;
- Settling business debts—handling business debts and liabilities, including outstanding loans or other financial obligations;
- Business compliance—ensuring that the business continues to comply with legal and regulatory requirements; and
- Transferring ownership—ensuring the smooth transfer of ownership of business interests.
Hiring a lawyer who practices both probate and business law means you can rest assured that the administration is consistent with the business owners’ wishes, allowing the business to continue to operate without disruption.
Why Would You Need a Probate Attorney?
So, why would you need a probate attorney? We assist through:
- Legal guidance—providing knowledgeable advice on how to handle the estate’s legal matters;
- Managing paperwork—completing necessary probate and tax filings;
- Resolving disputes—helping resolve conflicts between beneficiaries, creditors, or business partners;
- Debt resolution—assisting with debt settlement; and
- Future estate planning—helping business owners prepare for the future and prevent future legal complications.
Probate is a complicated legal process that often occurs in the midst of mourning. Hiring a probate attorney means you do not take on the added stress of navigating a unfamiliar, complicated legal process alone.
How BrewerLong Can Help
At BrewerLong, we understand the unique challenges that business owners and families face when navigating the probate process.
We offer personalized legal guidance for individuals and business owners tailored to your unique needs and comprehensive probate and estate planning services.
Through our deep legal knowledge, clear communication, dedicated support, and efficient solutions, we allow our clients to focus on what matters. Reach out today.
Resources:
Fla. Stat. § 731.201, link.
Fla. Stat. § 732.501, link.
Fla. Stat. § 732.502, link.
Fla. Stat. § 733.301, link.
Fla. Stat. § 733.604, link.
Fla. Stat. § 733.701, link.
Fla. Stat. § 733.707, link.
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