Ellenton, Florida Probate Attorney Jennifer L. Hamey

After the death of a loved one, it can be overwhelming to deal with the list of tasks that need to be done. There are the emotional aspects of dealing with the pain of losing a spouse, child, sibling, parent or other loved one. On top of these hard times, there is the difficult task of handling all of the legal affairs of the deceased individual. At Jennifer L. Hamey, PA, we strive to make sure that we handle all these legal matters to get the assets probated as soon as possible, while understanding your need for compassion and empathy while grieving your loss.

There are two types of probates that can occur in Florida depending on the if the person who passed away had a Last Will and Testament when he or she died. Determining the status will assist your attorney in determining what type of probate needs to be opened:

Testate Estate

This is the situation where the deceased died with a valid Last Will and Testament. The original document will be presented to the probate court for filing. This document lets the court know who the deceased named to serve as a personal representative to process the estate, as well as who has been named to get all of the assets.

Intestate Estate

This is the situation where the deceased passed away without a valid Last Will and Testament. In this situation, the court will need to look to the intestate laws of the State of Florida to determine who will be entitled to the property.

Is a Probate Always Necessary in Florida?

Many people think a probate is always necessary. However, in some circumstances there may not be any need to probate an estate. This can occur when:

  • There are no assets to probate.
  • All assets have been transferred prior to death.
  • All assets are set up in joint names with another still living.
  • All assets have named beneficiaries.
  • The deceased transferred all property into a trust prior to death.

If you are unsure as to whether a probate is necessary, then it is best to seek the advice of a probate attorney to determine if a probate is required. The attorneys at Jennifer L. Hamey, PA are happy to provide a FREE CONSULTATION to determine if a probate is necessary for you.

We serve clients throughout Manatee County, Hillsborough County, and Sarasota County, including Ellenton, Parrish, Bradenton, Lakewood Ranch, Sun City Center, Tampa, Palmetto, Riverview, Valrico, Lakeland and Plant City. Please contact us if you need assistance with a Florida probate matter.

What is a Personal Representative?

A personal representative is the person designated in the Last Will and Testament, or ordered by the court, who handles probating an estate with the help of a probate attorney. Read More

Where Does the Probate Get Filed?

Traditionally, the probate gets filed in the county where the deceased party resided at the time of death. If the person had real estate in another state, an ancillary estate may also be needed. Read More

What to Bring to Your First Appointment

When you come in for your free initial consult, there are many documents that we will need to assist in opening the probate estate. Read More