What is Probate? Everything You Need to Know

Ruth C. Rhodes • October 4, 2022

None of us want to think about losing loved ones or enjoy planning for our own end-of-life processes. Unfortunately, it's something we'll all have to face at one time or another, no matter what.

Getting high-quality probate litigation in Melbourne, Florida can help ease the pain after losing a loved one. We can't reduce your grief, but we can take some of the pressure of probating an estate off your shoulders.

Want to learn about the process? Read below.

The Definition of Probate

As with anything, there are slight variations to the definition depending on what source you use. But in layman's terms, probate is the process of authenticating someone's will and appropriately dispersing their belongings.

The higher number of valuable things the deceased person has, the longer the probate process can take. The best way to avoid a long and expensive probate process is to encourage your loved ones to create an in-depth last will and testament with clear directions for property handling.

If someone passes without an in-depth will, then there are complex methods a lawyer goes through to ensure each descendant gets a fair share. Using a probate attorney will ensure you have the legal rights to whatever property you end up with.

What Does Probate Litigation in Melbourne, Florida Look Like?

There are a few steps to probating an estate. First, the will must be legally authenticated, and in some cases, proven in court.

Then, an executor is appointed from the will or determined by friends and family. This is the "go-to" person who will work with a probate attorney while administering the will.

Next, the executor must find the descendants and alert them to their rights. This is what you've seen in TV shows when they show someone reading the will to the immediate family.

If the deceased has an in-depth and up-to-date will with clear instructions, the process will a lot faster. Many descendants start their wills after being part of a long probate process, to prevent subjecting their own family to the same ordeal.

Debts

Have you ever wondered what happens to your debts when you die? They don't just go away. Some people have funds built into their will and testament to pay off remaining debts.

If not, the will beneficiaries and creditors must be paid by the executor, with funds from the estate in question.

On that same note, the executor (or their attorney) will be in charge of filing final tax returns, dealing with property taxes, and other bureaucratic processes.

Administering the Will and Distributing the Estate

Once all the above processes are taken care of, the executor and their legal team can begin to distribute items from the estate. If things are bequeathed to minors, a trust will need to be put in place for them to access in the future.

Getting Help With Probate Litigation

As you can see above, filing probate and administering a will is not a quick process. Doing it on your own will result in potentially costly mistakes and increased levels of stress in this dark time.

The best course of action is to find probate litigation in Melbourne, Florida that you can count on. We'd like to be that firm for you. Contact us here.

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What does one do if a loved one has passed with no will or trust?

June 16, 2025

When a family member passes away without a will or trust (called dying intestate ), their estate is distributed according to the laws of the state they lived in. Here's a general step-by-step guide on what to do: 1. Get a Legal Pronouncement of Death: If it hasn’t been done already (e.g., at a hospital), a medical professional must pronounce the death legally. You’ll need this to obtain a death certificate. 2. Obtain Death Certificates: You'll need multiple certified copies (10–15 is common) for banks, insurance, property titles, etc. These are issued by your local vital records office or funeral home. 3. Determine the Estate's Executor or Administrator: If there’s no will, the probate court will appoint an administrator (usually the next of kin). You can petition the court to become the administrator if you're a close family member. 4. File for Probate - Probate is the legal process of settling the estate: Go to the probate court in the county where the deceased lived. File a petition for probate without a will . The court will appoint an estate administrator and officially open probate. 5. Notify Heirs and Creditors Send formal notice to all potential heirs and beneficiaries. 6. Identify and Inventory Assets - This includes: Bank accounts Real estate Vehicles Retirement accounts Personal belongings Some assets may pass outside probate if they have named beneficiaries (like life insurance or POD accounts). 7. Pay Debts and Taxes Use estate funds to pay valid debts and taxes. File the deceased’s final tax return . 8. Distribute the Remaining Assets: Once debts and taxes are settled: The court will distribute assets according to state intestacy laws , usually prioritizing: Spouse and children Parents and siblings More distant relatives if no close family 9. Close the Estate: After all duties are fulfilled, submit a final accounting to the court. If approved, the estate can be officially closed. Consider Talking to a Probate Attorney: Especially if: The estate is large or complex There’s family conflict You need help with legal paperwork Book your consultation with Ruth C. Rhodes of Rhodes Law, P.A. and let Ruth share her knowledge and experience in helping you with planning to meet your individual and family needs. With a commitment to excellence in Elder Law, she stands ready to assist clients at every stage of life, ensuring their rights and wishes are fully protected. So, call us at (321) 610-4542 and schedule your consultation today!

Medicare and Medicaid...What's The Difference?

May 9, 2025

Medicare and Medicaid are both government-run health insurance programs in the U.S., but they serve different groups and are funded differently: Medicare - Who it's for: Primarily for people 65 and older, and some younger people with disabilities or end-stage renal disease. - Funded by : Federal government , through payroll taxes, premiums, and general revenue. - Coverage : Includes hospital care (Part A), medical services (Part B), and optional prescription drug coverage (Part D). Private Medicare Advantage plans (Part C) are also available. Medicaid Who it's for : People of any age with low income , including children, pregnant women, elderly adults, and people with disabilities. Funded by : Jointly by federal and state governments. States run their own programs with federal guidelines. Coverage : Broader than Medicare in many cases, often including things like long-term care, dental, and vision services. In short: Medicare = Age-based or disability-based, federal program. Medicaid = Income-based, state and federal program. Medicaid is usually low-cost or free , but costs can vary depending on your state, income, and the type of services you use. Here's a general breakdown: For Most People No monthly premiums Very low or no copays No deductibles In Some States Higher-income enrollees (still within Medicaid limits) may have: Modest monthly premiums (typically under $50) Small copays (often $1–$4 per visit or prescriptions For Long-Term Care (like nursing homes) Medicaid may require you to spend down assets or contribute most of your monthly income toward your care, depending on your financial situation. Special Programs: Children (CHIP or Medicaid) : Often completely free. Pregnant women and people with disabilities : Usually receive coverage with little to no cost. Engaging in Medicaid planning well in advance can significantly enhance peace of mind for individuals and their families, ensuring they make informed decisions that align with their long-term goals. Legal and financial advice may be needed to effectively manage an individual’s estate. Creating trusts, gifting assets, or employing spend-down strategies are often utilized to align with Medicaid’s requirements. At Rhodes Law, P.A. , Ruth will advise you how to qualify, obtain and maintain Medicaid benefits. Call our office at (321) 610-4542 and schedule your consultation today!

Is It Neccessary to Have Both a Will and Trust?

April 30, 2025

If you have just a will and no trust , your estate can still be passed on according to your wishes—but there are some limitations and consequences you should understand: What Happens with Just a Will: Probate Is Required A will must go through probate , which is a court-supervised process of validating your will, paying debts, and distributing assets. Probate can: Take months or even years. Be expensive (court fees, attorney fees). Be public (anyone can view the will and estate details). 2. Court Control Over Distribution The probate court oversees how and when your assets are distributed. This means less privacy and flexibility. 3. No Ongoing Asset Management A will only takes effect after your death . It doesn’t help manage your assets if you become incapacitated. A trust, on the other hand, can provide for you during incapacity without needing a court-appointed guardian or conservator. 4. Less Control Over Complex Distributions If you want to delay inheritance (e.g., give children money at age 25 instead of 18) or provide ongoing support (e.g., for a special needs child), a trust is better suited. A will can't manage distributions over time—it just transfers ownership. 5. Tax and Asset Protection Limitations A will doesn't offer any real protection against estate taxes, creditors, or lawsuits. Certain types of trusts can. When a Will Might Be Enough: You have a very simple estate . Your total assets are below your state’s probate threshold . You have no minor children and no complex distribution needs. You’re okay with the probate process and your wishes are relatively straightforward. So, yes, even if you have a trust, you should also have a will . A trust and a will serve different but complementary purposes in estate planning. Think of the trust as the main tool for managing and distributing your assets, but the will as a safety net to ensure everything is covered. Rhodes Law, P.A. offers a comprehensive range of professional estate planning services that include wills, trusts, durable powers of attorney, designation of healthcare surrogates, living wills and more. Give our helpful estate planning professionals a call today at (321) 610-4542 to book a free consultation!