Consequences Of Not Filing Probate

After someone passes away, the property they owned during their lifetime usually must go through the probate process. There are ways to avoid probate but in many cases, it is still necessary. The probate process involves many important steps, such as proving the will of the deceased and distributing property to the beneficiaries named in a will, or according to Florida’s intestacy laws.

Anyone with an interest in an estate can file probate. This can include beneficiaries and creditors. In most cases, it is the personal representative of the estate who initiates the probate process. What if probate is never filed, though? Below, our Daytona Beach estate administration lawyer explains further.

Increase Chance of Familial Disputes 

When probate is not filed, any will the deceased left behind cannot be proved, or validated. This can result in the property within the estate not being distributed according to the provisions within the will. This can become a very complex matter and may result in increased disputes and conflicts between the beneficiaries because they do not have the framework of the will to follow. Some individuals choose to litigate to protect their rights, which can result in lengthy legal battles and strained familial relationships.

Liability for the Personal Representative 

All probate estates in Florida require a personal representative. People can name a personal representative in their will during their lifetime. If no will or estate plan is left behind after a person passes away, the court will appoint a personal representative to administer the estate. In most cases, it is the personal representative that files the will with the court and starts the probate process. If a personal representative does not initial the probate process, the beneficiaries may suffer financial harm.

If beneficiaries are harmed financially because the personal representative did not fulfill their duty, they can take legal action. The personal representative may then be personally liable for compensating the beneficiaries for the harm suffered.

Tax and Creditor Issues 

An estate will remain open to creditor claims if probate is not filed. This means a creditor could seize property from the estate if the decedent had not repaid a debt. During the probate process, notice is provided to creditors and they can then make a claim against the estate. They only have a limited amount of time to do this. The amount of time creditors have to file a claim against an estate can be extended if probate is not filed.

Probate is also an opportunity to determine if state or federal taxes are owed. Tax debt can still be owed by the estate if it is not handled during the probate process. This can result in additional fees and penalties, which can reduce the amount of property available for beneficiaries.

Our Estate Administration Lawyer in Daytona Beach Can Help with the Process 

Filing probate in a prompt manner is important for much more than just fulfilling a legal formality. The process is also important for protecting the rights of beneficiaries, creditors, and other parties. At Bundza & Rodriguez, our Daytona Beach estate administration lawyer can help you through the process and make it easier for you and your family. Call us now at 386-252-5170 or contact us online to schedule a consultation and to get the legal help you need.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html