Naples Probate Lawyers You Can Trust
Losing a loved one is never easy. Navigating the legal aspects of your loss while struggling with your grief can be overwhelming and stressful. However, you don’t have to go through this alone.
At Kelleher + Holland, LLC, we’re here to guide you through the process of probate for families throughout Naples. We understand how difficult this time is for you and strive to ease the burden by taking on the complex legal issues on your behalf.
Understanding Probate In Naples
Probate is a legal process that handles closing someone’s estate after their death. The process includes distributing a deceased individual’s property and assets to their heirs and is meant to ensure the deceased person’s wishes about their estate are honored. It can often be a lengthy and complex process, with many crucial steps, including:
- Filing a petition with the probate court
- Notifying the decedent’s heirs and beneficiaries
- Appointing an estate executor or personal representative
- Identifying and valuing estate assets
- Paying any estate debts and taxes
- Distributing assets according to the decedent’s will
- Closing the estate
To navigate these steps, it’s important to consult with a skilled probate attorney. Our team has dealt with many probate cases and is familiar with Naples laws, the court system and the processes. We can help you properly inventory assets, notify the necessary beneficiaries and ensure your loved one’s estate is handled with care.
Navigating Probate For Snowbirds
Snowbirds – or people who vacation or move to a warmer climate during the winter – are common in Naples. If you have property in Florida along with your home in another state, probate can become an even more complex process. Handling multiple properties in different states often means going through multiple probates, as each property will need to adhere to state-specific laws.
Our probate attorneys in Naples have assisted clients with this unique challenge many times. We can tackle any complications that may arise, including managing assets, paying taxes and completing probates in multiple jurisdictions.
Frequently Asked Questions About Probate
While you may have heard about probate before, it’s natural not to be informed of the specifics of this legal process. Our Naples probate lawyers are here to ease your worries by providing answers to some of the most common questions we receive from clients below. For further inquiries, contact our firm today.
Are all state probate laws the same?
No. Each state in the United States has its own probate laws that must be followed. Laws can vary regarding factors such as fees, processes and time frames. They also often have different laws regarding how to distribute assets if there is no will.
It’s essential to consult with an experienced Florida probate lawyer if you’re handling an estate in Naples. Our lawyers know the local laws and regulations, and can help you navigate this procedure with confidence.
Where does probate have to occur?
Probate occurs in the county where the decedent lived or owned property. If your loved one lived in Naples, probate will occur in Collier County, Florida. If your loved one also owned property in another part of Florida, or out of state, a separate probate will occur in the county where that property resides.
Do I have to live in the state where I’m going through probate on a relative’s estate?
No, you do not have to reside in the same state as a deceased relative if you’re going through probate on their estate. If your loved one’s estate goes through probate in Florida, you can serve as an out-of-state executor of their estate. Our attorneys can assist you with navigating the steps more efficiently from across state borders.
How long does probate take in Florida?
Every estate is different, and therefore, every probate process is different. Many factors can impact the length of proceedings such as the complexity of the estate, creditor disputes, will contests and the overall cooperation of beneficiaries. Multiple probates across different states can also impact the time frame it takes to complete a probate.
In Florida, the standard probate process takes between four and 12 months, while more complex estates can last up to two or more years. Working with a probate lawyer who understands probate can help you prepare more efficiently and expedite the process.
Who can be an estate executor?
The estate executor or personal representative is responsible for legally administering probate for a decedent’s estate according to Florida law. They have important duties such as identifying and valuing the estate assets, filing estate taxes, paying estate debts and distributing the assets to beneficiaries.
To be considered as a personal representative, you must meet the following criteria:
- A Florida resident, or a spouse, sibling, parent or child of the decedent
- At least 18 years of age
- Mentally and physically capable of performing the duties
- Never convicted of a felony
If you are appointed as a personal representative of a loved one’s estate, our Naples probate lawyers can help you through the next steps.
Consult With Our Naples Probate Attorneys Today
Going through probate can be complicated and frustrating, especially if you’re unfamiliar with Florida laws and probate procedures. That’s where our probate lawyers come in. We will be the legal support you need to successfully navigate this process and ensure your loved one’s estate is handled appropriately.
Call us at 847-242-1777 today to schedule a consultation, or email us online to get started.