Probate Do’s and Don’ts

Following a person’s death, his or her personal, legal, and financial affairs might be required to pass through a legal process known as probate. Bakalar and Associates, a team of experienced estate planning attorneys in South Florida can help you determine your available options and how you should proceed with your probate case.

Probate Defined

Probate is a legal proceeding in which a deceased person’s will is reviewed and validated and gives a probate court authority to ensure that his or her final affairs are carried out as said individual directed. In instances when a person died without leaving a will, the probate process is needed to determine who will execute that person’s last affairs, as well as who will receive their remaining assets.

Probate may be completed in a faster, more efficient manner by executing the following actions:

Executing A Will

By authoring a will with the help of an estate planning attorney, you can clearly dictate how your final affairs should be completed, as well as assign who you wish to leave your assets to. In addition, the contents of a will may likely reveal who the decedent designated as the executor, which is the person assigned to carry out the document’s mandates.

Designate Beneficiaries

The assets a decedent leaves behind do not always have to pass through probate and be divided in accordance with state laws. Many financial institutions enable account holders to designate payable on death or transfer on death orders that make it much easier for assets to be placed in your loved ones’ hands after your passing.

Those navigating through the probate process can avoid making costly or time-consuming mistakes such as:

Waiting to Begin the Process

The longer an executor waits to initiate the process, the more time you enable for unnecessary complications to arise.


Failing to Learn About the Process

The best way to avoid mistakes is to educate yourself about the process prior to authoring a will.

Probate can be a complicated process. Bakalar and Associates are here to help. Our firm comprised of established estate planning attorneys in South Florida has a vast amount of experience in probate and other estate planning issues. For more information, contact our office to schedule a case consultation.