Benefits of Probate in Florida
Find More about the Advantages from an Orlando Probate Attorney
It is a commonly held idea that
probate is a bad thing and that it is to be avoided at all costs. After all, probate
can be a lengthy process, often taking several months or even a full year
or longer. It can be expensive in terms of court costs. It is also a matter
of public record, meaning that anyone with an interest can find out details
about the case.
While these things may be true, they do not necessarily mean that probate
is always something that you should be anxious to avoid. There are, in
fact, many ways in which probate can actually prove to be beneficial to
the heirs of an
estate, and when these benefits outweigh the negative aspects, you may actually
be glad to have the opportunity to go through the probate process.
Learn more about the benefits of probate--contact our Orlando probate lawyers
at Jackson Law to
request an appointment.
Probate Litigation Involving Will Contests
One of the principal benefits of probate is that it provides the heirs,
as well as anyone else with an interest in the estate, the chance to file
a claim against the estate. Probate litigation generally involves challenging
the validity of certain terms of the will or of the entire document. For
example, an heir who has been left out of the
will or provided with less than what he or she believes is due may allege that
the decedent made the will while not of sound mind due to dementia or illness.
Alternatively, the claim may be that another party exercised undue influence
or coercion in order to compel the testator to change the will or draft
a new will. Probate offers the opportunity to address such issues, and to have
disputes resolved by an impartial judge. By doing so, you can settle disagreements
over the will with the finality of legally enforceable court orders.
Settling Creditor Claims and Clearing the Estate of Encumbrances
Probate also involves the settlement of any claims held by creditors to
whom the decedent owed debts. The personal representative of the estate,
also known as the executor of the will, is required by law to provide
notice of the probate proceeding to any creditors who are known or who
can be reasonably ascertained to be owed money. Once this has been done,
the creditors are required to file their claims within three months, after
which time they will forfeit their right to pursue payment.
It is even possible to challenge the validity of creditors' claims, and
when this happens the creditor is required to go to the trouble of filing
a separate lawsuit, which many will choose not to do. As soon as the claims
have been settled, have been defeated or have expired, the estate will
be cleared of any liens or encumbrances. To learn more about the benefits
of probate and find out how an
Orlando probate attorney can help,
contact us now at Jackson Law.