In Florida, do I need an attorney to open a probate proceeding?
Do I need an attorney to open a probate proceeding?
In most estates an attorney is required to open a probate proceeding. Unless you are the sole beneficiary of the estate or you meet the criteria to file for "Disposition of Personal Property Without Administration," you will need an attorney to open a probate estate. Only an attorney can represent another personís interest in court; therefore, where there are multiple beneficiaries, an attorney is required to administer the probate proceeding. Even if you fall into one of the exceptions to needing an attorney, you may still want to hire an attorney to avoid the hassle of probate administration. Probate is a very technical process which may be confusing, time consuming and frustrating for you to administer on your own.
A consultation with an attorney will help you determine if it is in your best interests to file a probate proceeding and, if so, which type you should open. Your attorney will evaluate the assets in the estate and their value, the number of creditors and the expected debts of the estate, and the rights of potential heirs. With this information your attorney can advise you of the pros and cons of opening an estate.
More Information: For more information, please see our probate page
Attorney: Eve Travis
Date Filed: September 25, 2012