What Will Administration Involves After Someone Dies In Florida

If you’ve been named a personal representative in a will, you need to understand that the process is not as straightforward as it initially seems. Not only are you dealing with the loss of a loved one, but now you’re also in charge of carrying out their final wishes. You may think that it’s a simple matter of X person said they want ABC to go to Person Y, and DEF to go to Person Z, exactly as stated in the will. However, there is more involved than simply reading the will and handing over the assets to the named beneficiaries.

So, what happens now? What happens with the will? Does it need to be filed in court? When can you access the assets?

If you’ve recently been named as a personal representative and are wondering where you should start, understanding the basic steps involved in the will administration process can help you know what to expect and know what needs to happen before the estate can be distributed.

Using The Original Will

In essence, the will sets out the deceased’s wishes for their estate. This should include exact specifications of who should receive what assets as well as who has been nominated to act as the personal representative. Note that the will itself does not automatically transfer ownership of any property owned by the deceased.

In Florida, the original will needs to be submitted to the appropriate court as part of the probate process. This is why knowing where the original will is located is extremely important. Ensure you include any later versions, amendments, or other estate planning documentation that could affect how the estate is handled.

It’s vital to ensure that you are working with the most recent version of the will before taking any steps to distribute property.

Keep in mind that human relationships are a very complex thing. Relationships can change, so while the recently deceased may have initially spoken about having another person as the personal representative, that could have changed between the initial discussion and their death.

The Will Needs to Be Filed With the Right Court In Florida

Once you have the latest version of the will, you will need to file the will with the appropriate court. For example, for someone who resides in Coral Springs, this means you will deal with the probate court in Broward County. The appropriate documentation, including the original will, needs to be filed with the court so the estate can be formally opened.

The court will then review the documentation and, where appropriate, issue the necessary authority for the person named in the will as the personal representative to act. You cannot act without the authority designated by the court, even if you are the named personal representative.

What Happens Now That I Have Legal Authority Granted By The Court?

Once you have been given authority to act by the courts, you can begin working through the deceased’s financial and legal obligations. This is where the process can become a bit tricky and feel more like managing an estate instead of carrying out instructions in the will.

The financial and legal obligations can include:

• Asset identification; this includes bank accounts, real estate, and personal property.
• Determining which assets are part of the probate estate.
• Taking control of and protecting estate property.
• Identifying all outstanding debts and expenses and paying valid debts and expenses from estate assets.
• Handling creditor claims.
• Maintaining accurate records of estate income and expenses.
• Communicating with beneficiaries.
• Handling property that requires either sale or transfer of ownership.
• Distribution of the remaining assets to beneficiaries
• Closing the estate.

What you will do as the personal representative depends on the estate itself. A straightforward estate with clearly defined assets and no disputes can be manageable. Other estates can be more complicated, especially if there are significant assets, debts, and disagreements between beneficiaries.

You Need To Work Out What The Deceased Owned

A challenging part of administration is figuring out exactly what the recently deceased owned. Many people don’t disclose everything they own to others. You may have to dig through bank statements, financial records, property documents, insurance policies, investment paperwork, and more. You will likely also need to locate physical property and make arrangements to secure or maintain it while the estate undergoes administration.

At this stage, it’s important to remember that not every single asset forms part of the probate estate. Some assets can pass directly to a beneficiary depending on how they were owned or if a beneficiary designation was in place.

Keep in mind that not everything that is mentioned in the will can be dealt with in the same way. Your responsibility as the personal representative is to understand what assets are actually part of the estate and how it needs to be handled.

Dealing with Debts and Other Expenses

Once you have a clearer picture of the estate’s assets, you will need to determine exactly what the deceased owed. This includes unpaid bills, taxes, funeral expenses, and other debts or expenses that need to be addressed.

The probate process in Florida also allows creditors to make claims against the estate. Unpaid debts and other expenses are one of the main reasons why it’s important not to distribute assets early, as the estate may need to use some of the assets to pay off valid debts and expenses first. As the personal representative, it’s your responsibility to ensure these debts are properly handled as part of the administration process.

How Long Does Will Administration Take and When Can Assets Be Distributed?

This is the main question that many families want to know the answer to. As a beneficiary, it’s understandable that they want to know exactly when they will receive their inheritance. As the personal representative, you may want to know when you can finally start distributing assets and be done with it.

Unfortunately, there is no set timeframe when it comes to estate administration during the probate process. Even a simple estate can take months to work through, and more complex estates could take even longer. Especially in cases where there are disputes within the family about the distribution of assets, difficulties in locating all assets, complex financial affairs, or questions about the validity of the will.

As the personal representative, you need to make sure that all liabilities and assets have been identified and all valid claims, expenses, and other matters have been dealt with. The creditor claims process can also impact the timing of estate administration, as the estate needs to allow for a period where creditors are able to make claims against the estate and assess the validity of the claims made.

For this reason, as the personal representative, you need to ensure that you remain impartial during the process and not make any claims about a timeline to beneficiaries until you have a clear understanding of the estate and what needs to be done.

Record Keeping Is Your Best Friend During Will Administration

As the person responsible for administering the estate, you cannot treat the assets as your own. It’s important to make a clear distinction between your own assets and estate assets. Keep track of funds received by the estate, expenses paid, correspondence, bills, receipts, and distributions. Ensure all communications around assets and estate expenses are in writing and not communicated verbally.

It may seem like an excessive amount of paperwork, especially when you’re dealing with the loss of a loved one. However, good record-keeping can make it easier to account for every penny related to the estate. Making it easier for you to answer questions from beneficiaries or the court. You have a fiduciary duty to act in the best interests of the estate and can be held legally liable for misappropriation of estate assets.

Do I Have To Handle Will Administration Alone?

Being a personal representative of an estate can be exhausting, especially if you are unfamiliar with the process. You don’t need to know all the answers when you start this process, nor are you expected to automatically know how it all works. Your first steps will always be to find the original will, file with the appropriate court, and have a basic understanding of your responsibilities during the probate process.

From there, a probate attorney can help you understand your responsibilities and help you work through the administration of the estate. Their help will be invaluable, especially if you have questions around assets, debts, beneficiaries, or even the will itself.

Will Administration In Coral Springs

If you’re in Coral Springs, and have been named as a personal representative and are feeling overwhelmed during this process, reach out to the team at the Law Offices of Gary I. Handin, P.A., to schedule a consultation. Our friendly and reliable probate attorney can help give you peace of mind during this difficult time.

Navigate will administration with confidence. For more information or to schedule a consultation, contact us today at 1-877-815-4560.