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All the Essential Details of the Probate Process

When someone passes away, families often face emotional loss, financial confusion, and legal responsibilities all at once. Managing a loved one’s estate is never easy, especially when you’re unfamiliar with legal procedures like probate.

That’s exactly why so many families hire a probate lawyer from Lulich & Attorneys—a trusted law firm known for handling the probate process with professionalism, clarity, and care.

Probate is the legal process of settling a deceased person’s estate. It involves validating a will, paying outstanding debts and taxes, and distributing assets to rightful heirs. While it sounds straightforward, probate can be complicated without the right guidance.

In this guide, we’ll break down what probate is, when it’s required, how it works, and why choosing the right attorney—like one from Lulich & Attorneys—can make all the difference.

What Is Probate?

Probate is a court-supervised process used to administer a deceased person’s estate. If there’s a will, probate ensures it’s legally valid and followed. If there’s no will, the court uses state laws to decide how to divide the estate.

Probate helps prevent fraud, ensures all debts are paid, and guarantees fair distribution of assets.

However, not every estate must go through probate. If the estate is small or includes assets that pass automatically—like life insurance, jointly owned property, or accounts with named beneficiaries—probate may be unnecessary.

When Is Probate Required?

You’ll likely need to go through probate if:

  • The deceased person did not leave a will
  • Assets are solely in their name
  • There are no designated beneficiaries on accounts or policies
  • The estate’s total value exceeds your state’s threshold

Navigating these situations alone can be difficult. That’s why families often choose to hire a probate lawyer from Lulich & Attorneys to handle legal filings, notifications, court appearances, and asset distribution.

Why Hire a Probate Lawyer from Lulich & Attorneys?

Choosing the right legal representation is one of the most important decisions you can make during probate. Here’s why so many families trust Lulich & Attorneys:

Local Expertise

Their attorneys are well-versed in Florida probate laws and court systems, ensuring the process is smooth and legally compliant.

Personalized Guidance

They offer tailored support, whether you’re an executor, a beneficiary, or someone planning your estate.

Stress Reduction

Probate can be time-consuming and emotionally draining. Letting a professional handle the details allows you to focus on healing and supporting your family.

Avoiding Costly Mistakes

Missteps in probate can delay the process or result in legal challenges. Hiring a probate lawyer from Lulich & Attorneys helps you avoid these pitfalls.

Steps in the Probate Process

Here’s what typically happens when probate is required:

1. Filing the Petition

The first step is filing a petition with the probate court to open the estate. If there’s a will, the person named as executor usually handles this. If not, the court appoints a representative—often a close relative.

2. Notifying Heirs and Creditors

Heirs, beneficiaries, and known creditors must be notified. Public notice may also be required to alert unknown creditors.

3. Inventorying the Estate

The executor compiles a full list of the deceased’s assets, including real estate, bank accounts, investments, and valuables. Some assets may require a professional appraisal.

4. Paying Debts and Taxes

Before any distribution, all outstanding bills, loans, and final taxes must be paid. This can be complex—another reason to hire a probate lawyer from Lulich & Attorneys for help.

5. Distributing Assets

Once debts are settled, remaining assets are distributed according to the will or state law.

6. Closing the Estate

A final report is filed with the court. Once approved, the estate is closed, and the executor’s duties are complete.

How Long Does Probate Take?

The probate timeline varies. For straightforward cases, it may take a few months. More complex estates—especially those involving disputes—can take a year or more.

Hiring an experienced probate attorney, such as those at Lulich & Attorneys, can significantly speed up the process by avoiding delays and ensuring paperwork is handled efficiently.

What If There’s No Will?

When someone dies without a will, they’re said to have died intestate. The court then uses the state’s intestacy laws to determine who inherits the estate. This process can be more time-consuming and may lead to disputes among relatives.

Again, this is where it’s wise to hire a probate lawyer from Lulich & Attorneys. They help guide you through the court’s requirements, mediate disputes, and protect your legal interests.

How to Avoid Probate in the Future

Many people seek to spare their families the burden of probate. Here are a few ways to do that:

  • Create a living trust and transfer assets into it
  • Name beneficiaries on retirement and insurance accounts
  • Use joint ownership with right of survivorship for real estate or bank accounts
  • Add payable-on-death (POD) or transfer-on-death (TOD) designations

Lulich & Attorneys can also help you with proactive estate planning to reduce or eliminate the need for probate.

Conclusion

Probate is more than a legal process—it’s a way to ensure a person’s final affairs are handled with care, integrity, and respect. But it’s also complex and emotionally taxing.

That’s why so many families across Florida choose to hire a probate lawyer from Lulich & Attorneys. Their compassionate legal team brings clarity, experience, and peace of mind to a challenging time.

Whether you’re planning ahead or dealing with the loss of a loved one, don’t go through probate alone. Let Lulich & Attorneys help you navigate every step with confidence.

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