{"id":7321,"date":"2022-09-20T08:45:00","date_gmt":"2022-09-20T12:45:00","guid":{"rendered":"https:\/\/yourfloridaprobatelawyer.com\/?p=7321"},"modified":"2022-08-04T07:20:10","modified_gmt":"2022-08-04T11:20:10","slug":"is-florida-probate-difficult","status":"publish","type":"post","link":"https:\/\/yourfloridaprobatelawyer.com\/is-florida-probate-difficult\/","title":{"rendered":"Is Florida Probate Difficult? – Main Issues"},"content":{"rendered":"\n

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Probate<\/a> is a court-supervised process to administer the estate of a deceased person. Each state has distinct probate laws,<\/a> and Florida is no different, providing an entire legal code exclusively dedicated to probate-related subjects. Is Florida probate difficult to handle? Read on to find out.\u00a0<\/p>\n\n\n\n

Is Florida Probate Difficult? – The Fundamentals  <\/h2>\n\n\n\n

At first sight, Florida’s probate rules may seem complex and not designed for non-lawyers. Depending on the particularities involved in a certain case, you will be required to hire an attorney. <\/p>\n\n\n\n

The key reason behind the high level of complexity involved in Florida’s probate system is the overwhelming protection granted to creditors and beneficiaries. Creditors are entitled to a statutory period to lay claims against the decedent\u2019s estate and must be paid following a specific order of preference.   <\/p>\n\n\n\n

Florida law also shields the rights of beneficiaries, protecting their right to contest a will, object to an executor’s decision and seek court intervention if something does not look right.  <\/p>\n\n\n\n

While this approach is fundamental to protect the rights of the parties involved in probate, it may result in more formalities, more rules, and lengthier procedures. <\/p>\n\n\n\n

Handling a Deceased Person’s Estate – Recurrent Issues in Florida Probate  <\/h2>\n\n\n\n

Inadequate Estate Plans  <\/h3>\n\n\n\n

If an estate plan<\/a> is incomplete or ambiguous, it may result in a complicated situation for the decedent’s loved ones. Common examples include vague language in a will or incongruous provisions in different documents.\u00a0\u00a0<\/p>\n\n\n\n

Working with an expert attorney to find a unique distribution strategy and develop an estate plan tailored to your case is crucial to avoiding this chaotic scenario. <\/p>\n\n\n\n

Invalid or Unenforceable Wills  <\/h3>\n\n\n\n

In most cases, the provisions in a will are only revealed after the testator’s death. Depending on how the document was written and executed, the deceased’s family may be surprised by an invalid or unenforceable will. <\/p>\n\n\n\n

Several legal grounds may void a will in whole or part, such as: <\/p>\n\n\n\n