Probate

The Probate process can get very complicated and Attorney Anthony Pinizzotto can help make that process easier. If you are the Personal Representative you’re responsible for determining where the decedent’s assets are identified and collected them, whether debts are paid, and distributing the remaining assets to the beneficiaries and heirs.

Probate is generally the legal process where a judge confirms the decisions of the Personal Representative to distribute the assets. But, there are two legal alternatives that might keep you from going through the formal Administration. One of them is Disposition without Administration which is only available for very small estates and to reimburse very specific expenses. You can find the application form for this on the Volusia County Clerk of Court’s website.

Summary Administration is available if all of the assets are worth less than $75,000, there are no debts, and everyone agrees to the petition that you file to do this. Oftentimes, the value of a house immediately removes this as an option. Technically, you don’t need an attorney for this type but, doing the process correctly is challenging and can be time consuming.

If you have a question about whether you can go with one of the alternatives give my office a call. If you are thinking about ways to avoid having your own estate go through probate then I can help with this, too. For example, life insurance policies pass outside of probate as do some retirement accounts. With careful planning beforehand we could set up a revocable living trust so assets in the trust pass outside of Probate.

I assist my clients in their capacity as Personal Representative and help them effectively administer the probate estate. My services include:

• Filing a petition for administration

• Identifying assets

• Providing notice to creditors

• Evaluation of creditor’s claims

• Assisting with the distribution of the remaining assets

• Applying for a federal taxpayer identification number

• Obtaining discharge of the estate from the probate court

To find out more about how I can assist you with the probate of an estate, please call me today at (386) 585-8027.