Probate

WHAT IS PROBATE?

Probate is the legal process through which the assets of a deceased person are gathered, the will is validated, creditors paid, and the remainder of the estate is distributed to beneficiaries. In most Florida counties, the probate system is conducted in a specialized probate division of the Circuit Court, under the oversight of one or more experienced probate judges. An attorney licensed to practice law in the State of Florida must represent the estate. Thomas A. Moseley, Chartered has represented estates throughout Florida. Thomas A Moseley is a Board Certified Wills, Trusts and Estates Lawyer. In addition he has a Masters of Law in Taxation degree.

Probate is the only legal way to change the title to property after someone dies.
Assets owned solely by the deceased person are subject to probate. Assets that pass by means of title, such as real estate titled as “Joint Tenants with Right of Survivorship,” or bank accounts titled as “Transfer on Death” are not subject to the probate process. Assets that pass by means of a beneficiary designation, such as life insurance or some retirement accounts, are also not subject to probate. In some situations, however, assets that would otherwise pass by title or beneficiary designation can be subject to the probate process, particularly in the case of a surviving spouse choosing to take an elective estate. This would include pay on death accounts, jointly titled accounts, and life insurance proceeds.

A few of the advantages of probate include the ability to quickly resolve creditors claims and the oversight of the probate judge assures that the assets of the estate are properly distributed.

A few of the disadvantages can include the time and expense involved in probating an estate. At Thomas A Moseley, Chartered we intelligently utilize firm resources including the use of paralegals to provide clients with the highest quality legal services in the most efficient manner possible without sacrificing the personal and timely attention you need.