What is probate?

Probate is the process by which the court proves and administers the will of a decedent. 

Do I have to subject my family member’s estate to probate?

This is not up to the heirs.  If an estate is planned in a certain way, probate may be avoided.  The Kelley Law Firm can explain why one may want to set up an estate plan that allows heirs to avoid probate.

What happens if there is no will?

If you die with no will, or intestate, you have no control over your assets or who receives the benefit of your assets.  The State of Florida and federal government have rules about how to distribute your estate unless you override those rules with your will.

Who is part of the probate process?

Many people, including the heirs, the attorneys, the clerk of the court and other court employees, claimants to the estate who believe the estate owes them money, and the IRS.

What do I do about the IRS?

The short answer is pay them.  The longer answer is that you need to file paperwork relative to the existence of the estate, which is triggered by the death of the decedent, and paperwork relative to the income you obtain as part of the estate’s distribution.

Two attorneys at the Kelley Law Firm have master’s degrees in taxation law.

What about Florida taxes?

We send records to the department of revenue about the estate.  The state and the federal government have a dialogue about the estate that may benefit Florida.  This can become complicated, but our attorneys are knowledgeable and experienced and have served South Florida families for generations.

Call 1 954-563-1400 with further questions.


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