Probate Law

Understanding the Difference of Judicial and Extrajudicial Settlement of Estate

The Probate process is a system that governs how estates are settled in the state of Florida. The term Probate comes from the Latin word proxy which means chance or fortune. When estates are settled, this is also known as the estate in lieu of judgment. It is the process where when an estate is disbursed there is a “judgment of foreclosure.”

Florida Probate

A Florida Probate lawyer understands all of the intricacies involved with estates in the state of Florida. They represent the interests of their clients who are interested in avoiding a “judicial” process. With this in mind they are able to offer advice on how to avoid the process. The main objective is to make sure that when estates are settled all debts and liabilities are paid. For this to occur there must be a meeting of the minds between the parties, said Miami probate attorney.


An estate settlement can either take place through court orders or privately. This is a very sensitive subject for everyone involved in the estate. If there are any debts that need to be collected, this will require the services of a Florida Probate lawyer who has knowledge of the requirements and procedures needed. This is a factor that can make or break an estate settlement.


There are many reasons why the process needs to be handled by someone with knowledge of the laws. For example, if the value of the estate is more than eight hundred thousand dollars then there will need to be a meeting of the minds. Also, the assets must be divided up according to what the family wants. For example, it may be their house that is at stake. The probate lawyer will have to make sure this does not happen. This is why the importance of having a Florida Probate lawyer is so important.


When an estate is settled, the assets of the deceased person are divided up in accordance with a will. This means that all of the debts that were owed to creditors are paid off and a cashier’s check is issued for the balance. The remaining debt is then distributed according to what was stated in the will. This is a simple process that is handled by most Florida probate lawyers. They do this for a living and they know what needs to be done in order to get this to work properly.

Probate is something that can be very stressful for anyone. It is best to make sure that everything is done correctly in order to get the process to work right. If this is not done properly then the person who dies will receive no money when it is time for them to be given all of the inheritance money that is owed. The process is simple but can be a very stressful thing to deal with. According to an expert lawyer in probate, wills and trusts, when this process is handled by someone with the right knowledge then it will go smoothly and worry free.