Jacksonville Probate Lawyer
Trusted Jacksonville Probate Attorney Ready to Serve Clients Throughout the State
We primarily serve clients in Clay, Duval, and St. Johns counties with their probate needs. However, we are willing and able to probate wills in almost every county in the state. For example, if you reside in Jacksonville or the surrounding area, and your relative passes away in Orange County, you, fortunately, do not have to travel to Orange County to probate the will. As long as the issue takes place within the state of Florida, we can and will gladly handle that need for you.
Estate Administration Lawyer for St. Augustine and Jacksonville
In probate matters, we focus on guidance and education. Our friendly and accessible Jacksonville probate lawyer sits down with the family member or personal representative of the estate, learn about their family dynamics, review their specific situation, and answers their estate planning and probate questions. We then take time to guide them through all aspects of the probate process, like gathering and valuing property, creating inventories of all assets and debts, and handling matters related to creditors of the probate estate.
At the Jacksonville, FL law firm of Beller Law, PL, our proven Jacksonville probate attorney has in-depth knowledge of Florida and federal probate law and the probate court system. Our skilled Florida probate lawyer has over a decade of experience working with clients to help them gain favorable outcomes under Florida law. We share this experience with our clients, working with them at each step of the way.
Will Contests
Losing someone to death is difficult enough. Battling with family members over the interpretation of a will can permanently destroy relationships. Our Jacksonville will contest attorney assists individuals and families with contesting a will and probate litigation. Our experienced Jacksonville probate attorney knows that these disputes over the estate of a loved one are painful and create a great deal of stress. We work diligently to protect your interests and the wishes of the person who made the will (known as the testator or testatrix), while being sensitive to the strain it places on you. If you are attempting to contest a will, our lawyer can review your claim to determine if your reason falls under one of Florida’s legally valid grounds to contest the testament of a deceased person.
Who Can Challenge a Will in Florida?
Every case is unique, but as a general rule, the following parties can qualify as “interested persons” and, therefore, challenge a will in Florida:
- Heirs (e.g., spouses, children, parents, etc in the family tree.),
- Beneficiaries (e.g., anyone named in the will as a recipient of the deceased person’s assets or legal interests), and
- Creditors (e.g., anyone to whom the decedent owed a debt).
The court must determine whether a person is “interested” on a case-by-case basis, and depending on the circumstances, there might be some gray areas. You should talk with an experienced Jacksonville will contest lawyer about whether you might have a good argument for legal standing in your case.
When Is a Will Valid?
To be valid, a will must be executed according to the formal and procedural requirements of Florida estate law, as follows:
- The will must be in writing;
- The will must be signed by the testator;
- The testator’s signature must be witnessed by two qualified witnesses; and
- The two witnesses must sign the will in each other’s presence and in the presence of the testator.
Is your loved one’s will written but there’s a dispute as to the signature? Have you found more than one will, and aren’t sure which one controls? Do you believe the will itself is valid, but an affidavit or a later modification of the will is not? Our proven Florida probate attorney can help you understand your situation and how the law might apply.
Grounds for Challenging a Will in Florida
In fact, even if the deceased person made you a crystal-clear promise about what would go in his or her estate plan if that promise is not reflected in the will upon their death (and if the will is otherwise valid), it is very difficult for you to bring a challenge.
To successfully contest a will in Florida, you must have specific grounds for doing so.
The grounds for challenging a will in Florida are:
- An invalid or improperly executed will (see above);
- Lack of testamentary capacity (the deceased person was not of sound mind when making the will);
- Undue influence (when a beneficiary of the will had a close relationship with the testator and used that relationship to procure his or her benefit under the will);
- Fraud in the inducement (when the testator includes certain terms in the will because he or she has been led to believe something that isn’t true); and
- Fraud in the execution (when the testator is tricked into writing or signing a will)
Timeline for Florida Probate Litigation (When Can You Challenge a Will?)
Our highly experienced probate litigation attorney can’t emphasize enough the importance of taking fast action after death if you suspect you might have grounds for challenging a will.
Courts try to make probate litigation efficient (even though the cases sometimes drag out for quite a long time). Because of that, Florida has enacted a very strict, very narrow time window for initiating a challenge to probate litigation: 90 days.
The 90-day period begins on the date that the estate’s executor (or personal representative) files the notice of administration, which is a formal document notifying the potential beneficiaries and creditors that probate is beginning.
If you are very close to the 90-day mark, or even if 90 days have already passed, we still urge you to contact our office. There are situations in which challenges can still be filed beyond the 90-day mark. Time is of the essence, however, so please contact our Jacksonville will contest lawyer as soon as possible.
Difference Between Probate & Non-Probate Assets Under Florida Law
Understanding the difference between probate and non-probate assets is crucial for effective estate planning in Florida. Probate assets require court intervention to be transferred to beneficiaries, while non-probate assets bypass the court process and go directly to the named beneficiaries. The Jacksonville probate lawyers at Beller Law, PL, can help you understand the nuances between probate and non-probate assets.
Probate Assets
Probate assets include property solely owned by the deceased, such as a house, bank accounts without a beneficiary designation, and personal belongings. These assets must go through the probate process to be legally transferred to the beneficiaries. The probate court validates the will (if there is one) and oversees the distribution of these assets according to the will or state law if no will exists.
Non-Probate Assets
Non-probate assets, on the other hand, automatically transfer to beneficiaries without probate. Common examples include:
- Jointly owned property—this includes property owned jointly with rights of survivorship automatically passing to the surviving owner;
- Beneficiary-designated accounts—assets like life insurance policies, retirement accounts (such as IRAs and 401(k)s), and payable-on-death bank accounts go directly to the designated beneficiaries; and
- Trust assets—property held in a trust is managed and distributed according to the terms of the trust, avoiding probate.
The distinction between probate and non-probate assets is essential for simplifying the estate settlement process and minimizing legal costs and delays. Proper estate planning, which includes designating beneficiaries and considering the use of trusts, can ensure a smoother transfer of assets and provide peace of mind.
Ethical Considerations in Probate Practice
Ethical considerations in probate practice ensure fairness and transparency. Jacksonville probate lawyers must prioritize the estate and beneficiaries’s best interests, avoid conflicts of interest, and maintain confidentiality. Effective communication, diligent representation, and adherence to legal standards are essential. These ethical principles protect everyone’s rights and build trust in probate. Seeking legal assistance from the Jacksonville probate attorneys on our team can help you manage these aspects effectively, ensuring the probate process runs smoothly and ethically.
Not Sure Whether a Will Contest Makes Sense in Your Case?
You aren’t alone. Family matters are inherently sensitive, and in the midst of grief, a will contest might be the farthest thing from your mind.
But protecting your loved one’s true intentions is important and worthwhile. And because Florida provides such a small window of time for righting wrongs, it is in your best interest to talk to a Jacksonville will contest attorney as soon as possible.
You may not understand every facet of your case or how the law might apply to your loved one’s will, but an experienced Jacksonville Probate Lawyer at Beller Law, PL can answer your administration and litigation questions and help you consider your options. We encourage you to give us a call.
Frequently Asked Questions About Probate in Florida
How Long Do You Have to File Probate After Death in Florida?
In Florida, probate must be filed within 10 days after death. Filing involves submitting the will to the probate court to start the asset distribution. Additionally, filing promptly ensures smooth and timely estate administration, minimizing potential legal issues and delays.
What Is the Average Cost to Probate a Will in Florida?
The average cost to probate a will in Florida can vary, typically ranging from $1,500 to $5,000. This cost includes court fees, attorney fees, and other administrative expenses. The total cost can be higher depending on the estate’s complexity and any disputes arising during the probate process.
How Much Does an Estate Have to Be Worth to Go to Probate in FL?
Under Florida probate law, estates worth over $75,000 typically go through formal probate. Smaller estates valued under $75,000 may qualify for a more straightforward process called summary administration. The type of probate required depends on the estate’s value and the circumstances surrounding the assets. The probate attorneys at our office can help you determine whether your estate needs to go through the probate process.
Do I Need a Lawyer to Go Through Probate in Florida?
Although you are not legally required to have a lawyer for probate in Florida, having one is highly recommended. One of the experienced Jacksonville probate attorneys at Beller Law, PL, can guide you through the process, ensure you meet all legal requirements, and address any issues. Legal assistance can simplify probate and offer peace of mind.
Schedule a Consultation with a Skilled Jacksonville Probate Lawyer Now
Attorney Rebeccah Beller of Beller Law, PL also handles other types of cases, including:
- Divorce matters,
- Uncontested divorce,
- Collaborative law,
- Modification,
- Prenup and postnuptial agreements,
- Paternity cases,
- Estate planning matters,
- Estate & probate litigation,
- Wills and trusts, and
- Guardianship.
Contact Beller Law, PL, to speak with our Jacksonville probate attorney about what steps to take in the probate process or contest a will. We work directly with you to help you through this often-difficult time. Our attorney also offer highly experienced estate planning assistance.