Steps Involved In The Florida Probate Process

Losing someone you love is never easy, but in the following weeks and months, you may also have to go through probate. Probate is the process of administering someone’s estate after they pass away and it can be costly and time-consuming. If you have never gone through probate before, the entire process can seem overwhelming. Knowing the steps ahead of time can help ensure you are prepared so probate is as easy as possible. Below, our Daytona Beach estate administration attorney outlines the steps involved.

Locate Important Documents 

One of the first steps after a loved one passes away is to locate a copy of their will and other estate planning documents. Individuals sometimes share this location with loved ones before they pass away, but you can also contact their attorney. Also gather other important documents such as financial statements, deeds, titles to vehicles, and insurance policies.

File the Petition 

The personal representative will file a Petition for Administration with the court to open probate. When filing the personal representative should also submit the will, if there was one, the death certificate, and a complete inventory of all property. If there is no will or named personal representative, the court will appoint one to administer the estate.

Letters of Administration 

The court will issue Letters of Administration, which formally recognize the appointment of the personal representative. It is important to obtain certified copies to give to financial institutions, as these allow the representative to conduct business on behalf of the estate.

Provide Notice 

There are many different notices that must be sent at the start of probate. All beneficiaries and heirs should be notified of the Petition for Administration. A notice to creditors should also be published in the local newspaper. This provides them with a certain period of time to file a claim against the estate.

Inventory Assets 

The personal representative must compile an inventory of all property owned by the decedent and file it with the probate court. The assets should also be properly valued, which can be complex.

Pay Fees and Debts 

Before beneficiaries can receive any property, all fees and debts must be paid by the estate. This can include medical bills, attorney and accountant fees, appraisal fees, and debt. Taxes owed by the decedent are also paid.

Distribute Property 

After all fees and debts have been paid, the remaining property in the estate is distributed to beneficiaries according to the decedent’s wishes. In absence of a will, the property will be distributed according to the intestacy laws in Florida.

Close the Estate 

Once all tasks and steps are completed, the personal representative can ask the court for a formal discharge. A judge will review the documents and officially close the estate.

Our Estate Administration Attorney in Daytona Beach Can Guide You Through the Process 

The probate process can be stressful and it is important that you do not go through it alone. At Bundza & Rodriguez, our Daytona Beach estate administration attorney can guide you through it, ensure all legal details are addressed, and make it as easy as possible for you. Call us today at 386-252-5170 or chat with us online to request a consultation and to learn more.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html