The Law Office of My Florida Probate, P.A.
Providing Legal Assistance with Probate throughout Florida.



  Dawn Ellis
  Attorney at Law



.

 
For a FREE

Case Review and Flat-Fee Quote,

Click here.

Or for a FREE 20 minute phone consultation,
Call 866-465-8046




Is probate necessary?
  • Taking no action at all can sometimes be the best thing you can do but knowing under what circumstances is critical.
  • I can clarify when this may be the case and advise you what to do next.

If probate is required what should I do first?

  • Learn what should be done first and those actions you should never attempt without first knowing the facts.
  • Distributing estate assets or paying debts before understanding these facts can create needless delays and costs.

What if I can't find the Will, or there isn't one?

  • Under Florida law when there is no Will (known as "Intestacy") an estate will be distributed according to established state statutes.
  • If there is no Will, I'll explain who is entitled to receive assets, in what amounts, and in what order.

I've been told I need "Letters of Administration"? Is this true?
  • Not always. There are instances where an estate will qualify for an abbreviated form of probate that accomplishes exactly what is needed and saves both time and money.
  • If you do require Letters of Administration, which is part of a process known as "Formal Probate," I'll explain who qualifies to receive them, what's required to have them issued, and what can be done with them once they are issued.

I live out of state. Do I need to meet with you in person?
  • No, in fact all aspects of the case, from interviews to data gathering, and the signing of documents, can be done electronically, by telephone or by mail, or by a combination of all three.
  • In an effort to be as efficient as possible, we use electronic technology extensively.

Will I have to appear in court?
  • In all likelihood, "No," as 99% of my clients have never had to make a court appearance.

Can I probate the estate myself?
  • If you are the sole beneficiary, the short answer is "Yes, but..." (you knew there would be a "but," right?)
  • Certain assets can be exempted from creditors' claims, "but" if you don't know how or when to formally submit these requests the exemptions are not automatically granted, and the estate could needlessly suffer delays and in some cases expensive and otherwise avoidable losses.
  • If you run into procedural problems during the administration, you could ask for help, "but" clerks cannot and will not provide legal advice and a judge will in most instances direct you to seek legal counsel. Procedural issues are the most common area of probate where the layperson runs into problems.
  • A narrowly defined and very simplified form of probate, known as Disposition Without Administration, can be done without an attorney and the forms are available directly from the Clerk of Court's office. For a list of all 67 Clerk's of County Court offices, click HERE.

Can you handle probate in every county?
  • Yes. Since 1996 I've probated more then 1,200 cases in 50 of Florida's 67 counties and practice uncontested probate statewide.
  • Once retained, I'm here to answer your questions, prepare all legal documents, and file all pleadings electronically.

Do you charge an hourly rate or a percentage?

  • No. I provide a flat fee for legal services, not an hourly rate nor a percentage.
  • Fee quotes are provided absolutely free and without obligation, however,  I do need to review specific estate documents before providing a quote.


For a FREE

Case Review and Flat-Fee Quote,

Complete Online, HERE

Or for a FREE 20 minute phone consultation,
Call 866-465-8046




A FEW NOTES FROM CLIENTS

Thanks Dawn. I never thought that an attorney could be such a comfort during such a difficult period. You've been pretty much perfect in all ways and you will always be most appreciated. Dare I say that you've changed my opinions of attorneys in general? No...you are just 1 in a million!
                                                                                                                           -M.G.


This has been an unbelievably great experience for my brother and I working with you as our attorney and
representative. What a joy that we found you online.
-D.S. 


Thank you so much for your help with Dad's Florida probate. I had no idea how I was going to get it done but you made it so simple. I will highly recommend your services!
                                                                                         -L.L. 


Letting you know that we received the last documents closing the probate for my mother's estate. We want to thank you for getting us  through the probate process during a difficult time of loss. We appreciate all your work, efforts, and information in getting it completed and throughout the judicial process. We'd be happy to highly recommend your services to anyone in need. Again, our heartfelt thanks.
                                                                                                                -C. and D. B

Thank you! Please know you have been a great attorney to deal with and should you need a reference you can count on us!
                    -K.O.

Client Thank You lettersclick here


TYPES OF PROBATE IN FLORIDA


Formal Administration

-Can be done with or without a Will.

-Is the most common form of Florida probate. Involves the appointment of a Personal
 Representative(s) and issuance of Letters of Administration.


-Must be used when the decedent (person who has passed away) has been dead less than
 2 years AND the estate's assets are greater than $75,000, not including the primary
 residence.

-Must be used when the Will includes a provision requiring it.

-Should be used when the estate owes money to Creditors and/or there are special
 circumstances involving heirs.

-Should be used if the estate is involved in a law suit.


Summary Administration

-Can be done with or without a Will.

-Can be done if the entire estate is worth less than $75,000, not including the primary
 residence.

-Can be done regardless of the size of the estate if the decedent (person who has passed
 away) has been dead for at least 2 years.

-Can be done if the Will does not include a provision requiring formal administration.
 
-Does not involve the use of an appointed Personal Representative or issuance of Letters of
 Administration.

-Transfers title to real property directly into the names of the beneficiaries.


-Is an 'abbreviated' form of probate in that it is usually opened and closed much faster than
 a formal administration.



Admission of Foreign Will to Record

-Must involve a Will that has been probated in another state.

-Is the most abbreviated form of probate
.

-Can only be used when the Florida estate assets are real property, usually a second
 home, condominium, or vacant lot.


-Should NOT be used when the estate owes money to Creditors and/or there are special
 circumstances involving heirs.

-Transfers title to real property directly into the names of the beneficiaries specifically listed in the Will.


Disposition Without Administration


-Can ONLY be used when funeral costs and the last 60 days of medical expenses paid by
 someone other than the decedent exceed the value of the decedent's personal property
.

- Forms can be obtained directly from the County Clerk's office.
  A list of ALL of Florida's 67 County Clerks' offices can be found here.




For a FREE
Case Review and Flat-Fee Quote,


Call 866-465-8046

or Complete Online, HERE


For an explanation of the Martindale-Hubbell AV rating and how it is determined,
please
click here



Contact Information


Mailing Address 
P.O. Box 952
Floral City, FL 34436-0952

Tel: 866-465-8046*
Fax: 352-726-6117

*FREE Flat-fee quotes are provided ONLINE ONLY.

Consultation available in Inverness, FL by appointment only.




Office hours are:

9:00AM - 5:00PM Mon-Thur.

9:00AM - 3:00PM Friday

(Eastern Standard Time)


Available for consultation in Inverness, FL by appointment only.
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