The probate procedure is one every probate attorney in Florida is familiar with. It’s a necessity for Florida residents in the event of their passing. Especially if they’re leaving behind property or other assets. Keep in mind that each state has its own legislation when it comes to probate.
You may need to hire an experienced probate attorney to help you handle your estate matters. This ensures that everything follows the letter of the law and that your wishes are respected once you pass away. Your attorney will be able to advise your chosen personal representative with matters relating to the probate process.
The Probate Procedure in Florida
If you have an experienced probate attorney on your side, you don’t need to know every single probate law. It is advisable for you to have a basic idea of how the probate process works. Remember that the process can differ for each person. This depends on the estate and assets involved. Before hiring a specific probate attorney, you must ask the right probate-related questions.
1. Meeting The Personal Representative
You must choose the right individual to be your personal representative. This is the person who will be responsible for ensuring that your will is upheld. You should try to ensure that your attorney has met your personal representative beforehand. This is to ensure that your personal representative understands what documentation is necessary.
If you change your personal representative, you should let your probate attorney know. This helps prevent any fraudulent activity after your passing. Especially if you’re no longer associated with your former representative.
2. Filing The Documentation
The probate process begins once the relevant documents are filed with probate court. Your attorney will ensure the appropriate petition is filed alongside the submitted documentation as well as acceptance of the chosen personal representative.
3. Notifying Beneficiaries
Your personal representative will then notify your nominated beneficiaries. This includes your spouse, trustees of your estate, and any other persons beneficially mentioned in your will. This notification will alert the parties that your estate is under probate.
4. Receiving Administration Letters From Probate Court
The court will issue the appropriate documentation. This states that the probate process has started; giving your personal representative the authority to act on behalf of the estate. The representative will then legally be able to open up a separate bank account, which will hold all funds and assets that fall under probate.
Any creditors owed outstanding debts will be notified. They then need to file claims with the court directly. They cannot pressure your surviving family members or chosen beneficiaries to take on your debt. Ultimately, the court decides if the creditor’s claim will be paid or disputed.
6. Using the Estate Account
The funds from your accounts and the sale of your assets, will be deposited into the estate account. Your probate attorney and personal representative ensure that all estate taxes and debts are paid. This is done before distributing the estate; per your last will and testament.
A report is created and sent to each beneficiary. This report will detail all assets, how the distribution of funds occurred as well as the relevant probate costs. If your chosen personal representative does not uphold their duties, they could be held liable.
8. Distribution of Assets
In accordance with the will, the distribution of assets will occur. Once completed, the probate court will release the personal representative from their duties. The court will also conclude the probate case.
Finding The Coral Springs Probate Attorney You Need
The probate process can be overwhelming. Get the help you need with the law offices of Gary I. Handin, P.A.. If you have any questions about probate or would like to speak to a probate attorney, call us at 1-877-815-4560.