Probate Attorney: guiding you through a difficult time

WHAT IS PROBATE AND WHEN DO I NEED IT?

Probate is;

A court-supervised process for identifying and gathering the assets of a deceased person (decedent).

Probate can involve;

1. paying the decedent’s debts, and

2. distributing the decedent’s assets to his or her beneficiaries

The Florida Probate Code is found in Chapters 731 through 735 of the Florida Statutes, and the rules governing Florida probate proceedings are found in the Florida Probate Rules, Part I and Part II (Rules 5.010-5.530).

Two and a Half Types of Probate

There are two types of probate administration under Florida law: formal administration and summary administration. There is also a non-court supervised administration proceeding called \"Disposition of Personal Property Without Administration.\" This type of administration only applies in limited circumstances. Probate administration only applies to probate assets. Probate assets are those assets that the decedent owned in his or her sole name at death, or that were owned by the decedent and one or more co-owners and lacked a provision for automatic succession of ownership at death.

What Are Probate Assets?

Probate assets include, but are not limited to, the following:

1. A bank account or investment account in the sole name of a decedent.

2. A life insurance policy, annuity contract, or individual retirement account payable to the decedent's estate.

3. Real estate titled in the sole name of the decedent, or in the name of the decedent and another person as tenants in common, is a probate asset (unless it is homestead property).

Why Is Probate Necessary?

Probate is necessary to pass ownership of the decedent’s probate assets to the decedent’s beneficiaries, if the decedent did not have a will. Probate is also necessary to complete the decedent’s financial affairs after his or her death. Administration of the decedent’s estate ensures that the decedent’s creditors are paid if certain procedures are correctly followed.

How Do I Start A Probate?

Probate proceedings are filed with the clerk of the circuit court, usually in the county in which the decedent lived at the time of his or her death. A filing fee is required and should be paid to the clerk. After you file for probate, the clerk then assigns a file number and maintains an ongoing record of all papers filed with the clerk for the administration of the decedent’s probate estate.

““Ms. Lisa has helped me and my family in custody matters and divorce proceedings. We can’t say enough about Ms. Lisa and her staff. They are the best! They are very professional and will work on every detail of your case, giving you the best information and legal advice for you and your family.”
- Ed W.

““Lisa is informed, confident, and prepared.”
- Shelly D.

““They get the job done and stay on top of everything. Great with explaining what's going on, what's next, and what to look forward to next. Will recommend them to anybody that needs help they are 1st I would call.”
- S. Malone

““An awesome attorney. Very professional. She helped me through my divorce. Thanks for all you and team do.”
- S. Malone

““Lisa York represented me in a criminal case. It was my first time being in trouble, so I really needed some help navigating the legal system and defending myself. Lisa was there for me every step of the way. She was really great about staying in touch with me to keep me updated on my case. I felt very comfortable about having her represent me because she knows many people in the local courts. Transparency in billing is another benefit.”
- Posted by anonymous on avvo.com

““I would just simply like to state, having never dealt with the legal system ... it was not simple ... Lisa was upfront, honest, kind and warm from the first meeting. I would highly recommend her to anyone that is in need of more than just an attorney.”
- Posted by Rhonda on avvo.com

““My lawyer Lisa York is the BEST in PENSACOLA, FL!! I loved meeting with Mrs. York because she cares and she made a big difference in my life. Mrs. York asked all the right questions and was straight forward with me. A lawyer that keeps you informed about your case and not blowing smoke (100 points)... Mrs. York is the lawyer you need to defend you. Thank you!”
- Posted by Melanise on avvo.com

““Lisa York is an inspiration to women of domestic violence. She is a blessing, full of compassion and kindness, all while being a great attorney.”
- Posted by anonymous on Square

““Lisa York is an amazing attorney!! I hired Lisa for a custody case and she went above and beyond for me and my family. I would recommend her to anyone that may be in the middle of a custody battle. Lisa York is, in my personal opinion, one of the best. She will forever have a place in my heart for all her hard work.”
- Posted by Jennifer on avvo.com

““Very appreciative of Lisa efforts because she researched whether or not she could help me before charging me a consult fee. This is a very unique thing in the legal world since most lawyers want money up front before talking with you. As it turns out, my issue was outside of her lane and she was able to point me in the right direction. Thank you.”
- Posted by Dave on avvo.com

““Lisa was a great attorney! Very knowledgable, professional and extremely helpful. I would definitely hire her again.”
- C. Leggett

““Lisa went above and beyond to help me with my family's probate and legal documents. She was very accessible and communicated clearly with each step in the process. Her professionalism, combined with genuine concern and kindness toward my family, was very much appreciated. I recommend her highly.”
- M. Hollida

““Lisa is awesome. I recommend her highly.”
- Jonathan