Probate Administration and Estate Litigation in Orlando
If you are seeking a probate administration attorney to guide the estate of a deceased relative through the probate court, consider Pierce & Associates, P.L., in Orlando. Our AV-rated* law firm is run by attorney John G. Pierce, a Florida native with more than 40 years' legal experience in Florida probate courts and with related legal topics that frequently arise during probate proceedings. Schedule a consultation to learn about our probate law services. We handle probate administration and we also represent parties in probate litigation.
Probate Administration
In many cases, the estate of a deceased relative must pass through the probate court before assets may be distributed among the heirs. For example, probate is required under the following circumstances:
- Real estate is titled in the decedent's name and not titled as a tenancy in common with the title to pass automatically to the spouse upon death: the only way to transfer a property title is through probate court, where the probate judge will select the proper heir to receive the real estate — in accordance with any instructions in the will, or as required by probate law.
- Financial assets such as bank accounts and investment accounts are titled solely in the decedent's name with no "pay on death" designation: the bank or brokerage will not transfer ownership of the account to any other person without an order from the probate court — again in accordance with any instructions in the will.
- A lawsuit on behalf of the deceased individual: if the person was killed in a car accident, for example, and the surviving relatives wish to file a wrongful death action, that action must be filed by the estate of the deceased person, which cannot be done without a court order.
- Approval of the personal representative: If the will names a personal representative to oversee the transfer of assets, that person must be approved as a fit and proper person by the probate court.
- A relative dies without a will: If no will exists, the estate will be distributed under the oversight of the probate court according to the distribution rules of Florida's intestacy laws.
Probate Litigation
Probate litigation arises under several circumstances. An heir may wish to challenge the validity of the will by claiming fraud or undue influence on the will maker on the part of one of the beneficiaries. Or, a person not named in the estate administration documents may wish to challenge the will by claiming status as a proper beneficiary. A family member may wish to challenge the designation of another relative as the personal representative of the estate. Finally, probate litigation may be necessary to determine whether or not real estate owned by the decedent was homesteaded, which is important in Florida to determine who has what kind of legal ownership of the property.
Contact Pierce & Associates, P.L.
To receive the benefits of working with a seasoned Florida probate lawyer who personally handles each client's case, contact Pierce & Associates to make an appointment. Call 407-982-3869 or fill out our online intake form
