Probate Law
Ensuring Your Loved One’s Legacy with Precision and Care.
At Kovar Law Group, we understand the weight of responsibility that comes with probate law. With a compassionate touch and meticulous attention to detail, we navigate Florida’s probate process, honoring your loved one’s wishes and safeguarding their legacy.
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Ensure Your Loved One’s Legacy is Honored
Probate Law
At Kovar Law Group, we approach the probate process as a testament to your loved one’s life. We stand out among St. Petersburg and Orlando firms with our deeply personalized approach to each case. By thoroughly managing estate valuation, addressing tax obligations, and ensuring fair asset distribution, we seek to make the probate process as straightforward and dignified as possible.
Commonly Asked Questions
What Is Probate and Who is Subject To It?
Probate is the legal process for transferring the assets of someone who died from his or her name into the names of the people that are left behind: to pay his or her debts and pay what remains to the people to which he or she wanted to leave those assets.
Does All Of The Deceased’s Property Have To Go Through Probate?
Some assets can be distributed outside of probate. Examples are:
- Bank accounts with payable-on-death (POD) designations
- Real estate held as tenants by the entirety or joint tenants with right of survivorship
- Retirement accounts or life insurance policies with valid beneficiary designations.
What Are The Costs Associated With The Probate Process?
Each case is different, so the costs vary. There is a statute that sets forth the reasonable fees for probate. Under that schedule, the attorney’s fee is about three percent of the estate’s assets. Sometimes we are able to work on a flat fee basis.
The Personal Representative is entitled to be paid a fee for his or her services, typically three percent as of the total estate assets.
The estate will incur Court costs and the expense of publishing the Notice to Creditors. If there are tax returns that must be prepared, the accountant will charge for their preparation.
If the estate is contested, the attorneys’ fees will be much higher than if the matter is uncontested.
Is It Possible For Someone To Navigate The Probate Process On Their Own?
In many cases where Formal Administration is necessary, the law requires that the Personal Representative be represented by an attorney. In other cases, a client can act without an attorney, but I recommend against it because the probate process has strict requirements and deadlines. It can be tricky and time-consuming to get through the process without professional assistance.
What Events Prompt A Probate To Happen?
If someone dies leaving assets titled in their own name, often the only way for those assets to be taken out of the name of the person who died and put into the names of the living is through a Court order, which is the result of the probate process.
What Are The Top Misconceptions People Have About Probate?
Many people believe that if they were an Agent under someone’s Durable Power of Attorney, they are able to continue to exercise their right as Agent after the person passes away. That is not the case. An Agent’s ability to take action is extinguished along with the life of the person who made the Power of Attorney. Taking action with respect to a decedent’s assets before a probate is opened is not allowed and can get someone into trouble. Another heir might argue that the Agent acted fraudulently. Asset transfers might have to be rolled back.
Another common misconception is that having a will avoids probate. There are trusts and other estate planning tools we can use to avoid probate; a will is not one of those. However, there are things we can do things when drafting a will that can make probate easier, less expensive, and less time-consuming.
How Does An Attorney Help A Client In The Probate Process?
In many probate cases, the Court requires an attorney to be involved. Typically, we will work with the client to gather all of the information needed to complete the process from start to finish. We will prepare all of the papers that have to be filed with the Court and gather all the necessary documents that must be sent to the Court. We will make sure we meet all of the deadlines that the law requires. If there are any disputes we will work with our clients to get those disputes resolved either through a settlement or by presenting our clients’ positions in Court if that is necessary.
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Kovar Law Group is synonymous with integrity and client-focused service in St Petersburg and Orlando Metro Areas. We offer personalized solutions and ensure that each client receives the highest level of legal expertise.