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Daytona Beach Lawyers > Blog > Probate & Guardianships > Why Personal Representatives Need A Probate Lawyer

Why Personal Representatives Need A Probate Lawyer

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After a person passes away in Florida, at least a portion of their estate must go through the probate process. During the process, all estates must have a personal representative, which can be a person, a financial institution, or another entity. In many instances, the personal representative is named in the individual’s will before they pass away. When that is not the case, the probate court will assign a personal representative.

In Daytona Beach, as throughout the rest of Florida, all personal representatives in the probate process must have legal representation. The only exception to this is when the personal representative has a sole interest in the estate. Aside from this legal requirement, there are many benefits that working with a lawyer has. Below, our Daytona Beach probate lawyer explains further.

Working with a Specialist 

Each court has its own procedures and rules that are overwhelming and confusing to people who are not familiar with the process. Probate lawyers, though, navigate these different court systems every day. A lawyer will assume responsibility for completing complicated and time-consuming tasks while keeping the personal representative informed of any changes in the situation, while also answering any questions the personal representative has.

Protection from Personal Liability 

Underpaying taxes, making an accounting error,  paying heirs and creditors an incorrect amount or in the wrong order, and failing to obtain court approval before taking certain actions are just a few common examples of how personal representatives are held personally liable during the probate process. Mishandling the estate and making a mistake is easier than most people would like to think. It is also much more likely when a personal representative is not working with an attorney.

Expediting the Process 

Personal representatives who are not familiar with the process are going to learn as they go through trial-and-error. This can lead to unnecessary delays during the probate process. Probate lawyers have the necessary experience to probate the estate in a much more efficient manner, shaving a lot of time off the administration.

Minimizing Stress On the Family 

In the majority of cases, personal representatives are family members of the deceased. Administering an estate can create an additional burden for personal representatives at a time when they are already trying to deal with an immense amount of grief. Personal representatives also often have to relay information to other family members and without legal advice, this can result in disputes and added stress. A probate lawyer can handle the legal issues to prevent disputes from arising and to alleviate stress on all family members.

Call Our Probate Lawyer in Daytona Beach Today 

Not only is working with an attorney required by law, but a Daytona Beach probate lawyer also has many benefits for personal representatives. At Bundza & Rodriguez, our Daytona Beach probate lawyer can answer your questions, guide you through the process, and provide the legal advice you need. Call us today at 386-252-5170 or contact us online to schedule a consultation and to get more of the information you need.

Source:

flsenate.gov/laws/statutes/2019/733.617

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