Probate


Polk County Florida Estate Law Firm providing Probate Attorney – Lawyer Legal Services in Lakeland, Winter Haven, Bartow, Polk County, and the surrounding Central Florida area.


What is Probate?

Probate is legal process by which an estate is administered and processed through the legal system after the estate holder’s death. Probate is also referred to in the context of the act of presenting a will to a court officer for filing – such at to, “probate” a will.

The process of probate is to properly and legally transfer your estate in an orderly and supervised manner. While in probate, an estate will be distributed either according to the language and stipulations of a will, distributed after court rulings have been made regarding any contested arguments have been made by those who wish to dispute a will, including that of family members, creditors, or other entities that are legally able to do so under the law.

About Probate?

If a Last Will and Testament exists that covers the entire estate, the Will should be used in the probate process as the foundation for distribution of property and assets of an Estate. In the case of the entire estate is not covered in a Last Will and Testament, or a legal Will does not exist, portions or all estate issues may have to be ruled upon by the probate court.

If a valid  Last Will and Testament has been provided to the court, the Last will and testament will be reviewed, the contents of the Testamentary Will made known, and to provide a specific period of time to allow family members or relevant parties contest the will. Florida Law typically provides 90 days after the Notice of Administration has been provided by the Personal Representative, or 20 days in the event that Formal Notice of the probate proceeding is received before the will has been admitted to probate.

The probate process can be very detailed and involve many complex issues including, but not limited to:

  • The content, validity, potential disputes, and execution of a decedent’s will;

  • Claims of debt against the decedent’s estate;

  • Potential allegations of Undue Influence of the decedent’s will, or claims of entitlement form those who have been left out of the will, or believe the estate is not being distributed fairly.

  • Estate Administration Issues;

  • Child Guardian Issues regarding the children of the decedent;

  • Asset and Property Distribution;

  • And many other relevant estate issues.

For more information regarding Probate Law, contact our office by calling 863.937.9100.

Each Probate attorney, lawyer, and staff member in our law firm are ready to assist you in even the most difficult of legal challenges you may be facing. We will aggressively represent your legal needs, interests, and goals regarding your Probateissues, as well as other estate planning related legal issues.

If you must address Probate issues in Lakeland, Winter Haven, Bartow, Polk County, or the surrounding Central Florida area, speak to an experienced Probate attorney – lawyer at Carroll Law Group, P.L. today by calling 863.937.9100.

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