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    • Kenneth E. RhodenKenneth E. Rhoden – Mr. Rhoden has been an attorney practicing in Brevard County since 1986. He has litigated many serious cases including complex divorces and death penalty cases.
    • Michael J. KelleyMichael J. Kelley – Mr. Kelley is an experienced trial attorney with a strong emphasis on Criminal Defense such as DUI, misdemeanors, felonies, VOP, and juvenile cases.
    • Barbara Helm PetersBarbara Helm Peters – Ms. Peters is an experienced trial attorney with an emphasis in Family Law and Criminal Defense. Admitted to the Florida Bar in 1995, she is also a Florida Supreme Court Certified Mediator.  
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    • Anthony P. MarioAnthony P. Mario – Mr. Mario founded our firm in Brevard County in 1976. He is retired and is of counsel to the firm. He focused on Family Law, Criminal Defense, and complex Civil Litigation.
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    Home » Wills & Probate » Probate

    Probate

    The legal process known as Probate is how a deceased person’s assets are passed on or distributed according to the deceased person’s will or if there is no will to their heirs as determined by law. In Florida this process is handled in Probate Court which oversees the process ensuring that the deceased person’s debts are properly settled and that property is distributed correctly.

    There are three types of probate in Florida:  Formal Administration, Summary Administration, and Ancillary Administration.  Each of these types has its own requirements and all are governed by Florida Statutes.  If you are unsure if your estate or that of your loved one qualifies for formal, summary, or ancillary administration call the office to schedule an initial consultation at no charge.

    In Florida assets included in the Probate process can include these types:

    Attorney Bonnie Klein Rhoden provides legal services in the areas of probate, wills, trusts, and planning for incapacity.

    Attorney Bonnie Klein Rhoden provides legal services in the areas of probate, wills, trusts, and planning for incapacity.

    • Financial Accounts such as checking or savings accounts, mutual funds, investment accounts or other types of accounts held by the decedent. Joint accounts are not included in probate.
    • Any policies, contracts, or other funds that list the decedent’s Estate as a beneficiary. Life insurance, IRA accounts, or annuities are examples.
    • Real property (real estate – land, buildings, homes) that is held in the individual name of the decedent may be included in probate. Note that in Florida homestead properties are not part of the probate estate but homestead property does have to be included so the court can establish the property as homestead.   Jointly held property is not included in probate.

    If you would like to see a real world example of how the Probate process can affect you, please see: A Story About Your Home, Your Heirs And Probate

    Experienced representation is important whether it is an undisputed probate or if a lawsuit is filed requiring a probate litigator.  Call to schedule an initial consultation in one of our offices or at your home.  Attorneys are available 24/7 and initial consultations are always free.

    Related Topics

    1. The Basic Differences Between Formal Probate and Summary Probate
    2. Find Out Which of Your Assets Are Subject to Probate
    3. The Top Five Things To Remember During Probate
    4. What You Need to Know About Probate
    5. The Probate Process in Florida
    6. Non-Probate Assets Can Be a Good Thing
    7. How Does Probate Effect Long Term Care? How Do Medicaid And Medicare Play Into Planning?
    8. Paying Creditor Claims
    9. What is a Personal Representative?
    10. A Story About Your Home, Your Heirs And Probate – Execution of the Plan

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      The information on this website is not legal advice and is provided only as general information. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The law changes rapidly and can be interpreted in different ways by different courts. The contents of this site could be unsuitable to your circumstances, outdated, or not sufficiently detailed for your needs. An attorney-client relationship is not created by review of this site. By use of this site, as with any electronic communications privacy is not guaranteed. Mario, Gunde, Peters, Rhoden & Kelley will not sell or disclose or in anyway use information you provide that is not consistent with the provision of legal services, unless required by law. This website is provided without warranty either express or implied of any kind. Links within this website are independent of this website and are provided only as a convenience and MGPR&K disclaims any responsibility for the contents of the sites.