Probate Attorney in Port Orange | Port Orange Estate Planning Services

Probate and Elder Law Attorney

Serving All of Port Orange, Florida

Estate planning and probate attorney Thomas Upchurch of Upchurch Law offers legal services to Port Orange residents in need of an elder law attorney, guardianship attorney, medicaid attorney, estate planning attorney, probate attorney, and more.

When you are looking for someone to handle your legal affairs, you need a probate attorney with years of experience handling Florida estate planning and guardianship cases—as well as many other situations.

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When someone you care about passes, it is an emotionally challenging time. Dealing with the intricacies of your loved one’s estate is often a demanding and mentally draining endeavor. There are numerous legal procedures involved with the administration and division of the property of an estate.

As an executor of an estate, you are faced with the burden of learning and understanding the intricate legal procedures involved. With years of experience in estate planning and probate law, Thomas Upchurch understands how to expedite the estate administration process. As a Florida probate attorney he is focused on helping clients faced with fiduciary responsibilities through this process as smoothly as possible.

At Upchurch Law, we believe in providing the highest quality of legal services to our clients. Whether you need to have a simple will created or you’re contesting a complicated inheritance arrangement. Mr. Upchurch’s goal is to provide exceptional personal service with low overhead cost. For this reason, we strive to keep our costs and fees reasonable when providing clients assistance on probate matters.

Upchurch Law provides clients with the resources and support of much larger firms, but with the close, personal attention only a small firm can offer. Thomas Upchurch understands that legal proceedings, probate matters, and estate planning can be complex and confusing. At the Upchurch Law Firm, it’s our priority to provide you with the best legal representation that is straightforward, honest, and educational.

We will work with you to ensure that:

We are always accessible and will promptly return your calls and emails. We strive to make sure that our clients receive the best information regarding their rights throughout the entire legal process and we serve as an expert guide to help clients navigate difficult and stressful legal issues.

What happens during probate?

Probate (which is also frequently referred to as estate administration) refers to the process through which the assets of a deceased individual are transferred to that individual’s heirs and beneficiaries. These assets to be distributed are collectively referred to as the estate. Under Florida law, there are two different types of estate administration that you may have to go through. Summary administration is the faster and less expensive type of administration. This type of administration is only available for smaller estates or for estates in which the individual passed away over 2 years ago. This means that summary administration is not available in many cases. The alternative is formal administration, which is the most frequently used type of probate. During this process, a personal representative will be appointed. The personal representative will work with the estate’s attorney to complete several tasks that make up the administration process. These tasks include:

Creating an inventory of the assets in the estate
Providing notice to beneficiaries and creditors
Managing legal issues that arise
Filing taxes the estate may owe
Distributing the assets in the estate to the appropriate parties

What is the time frame for probate?

The formal probate administration process generally takes six to nine months from start to finish. If legal disputes arise during the process, it can greatly increase the amount of time needed to complete the administration process. Florida law does not have a time frame for when probate must be started. That being said, it is a good idea to start the process in a timely manner. As time passes, the administration of the estate may become more complex as beneficiaries pass away or lose contact.

What rights do I have during the probate process?

If you are a beneficiary of an estate, you will have rights throughout the probate process. For example, the personal representative is required to provide beneficiaries with regular accountancy and relevant information about the estate. Typically, the estate will have a probate attorney to guide the personal representative through the process and ensure that the appropriate information is being passed on to the beneficiaries. However, that attorney represents the estate, not individual beneficiaries. As a beneficiary, if you are concerned about the way the personal representative is handling the estate and its assets, it’s wise to reach out to an experienced probate attorney who will look out for your interests and advocate for your rights.

Contact a Port Orange Probate Attorney Today

When a loved one passes away, it’s a stressful time. Don’t take on the stress of Florida’s probate process. At Upchurch Law, we’re here to help you through the process and manage any issues that may arise. Thomas Upchurch is an experienced probate attorney who will advocate for your interests and protect your rights. Contact us today to set up a consultation and see how we can help you.

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