Understanding The Legal Steps In The Probate Process
Losing a loved one is difficult, and processing loss and grief while being overwhelmed by the complexities of the probate process in Florida can be doubly so. When an individual dies, their estate must be processed and divided among creditors, the government, and beneficiaries, according to the American Bar Association. Some individuals opt to manage this process with a trust, but otherwise, the passing of an individual means their estate will go through probate. This is the process by which all the assets and resources that are a part of the estate are calculated, catalogued, and distributed according to the wishes of the deceased.
An estate is the accumulation of everything the individual, called the decedent, owned at the time of their death. This includes real property, a homestead, liquid assets, debts, investments, and more. All of this must be accurately catalogued and then distributed according to the wishes of the decedent, as outlined in a last will and testament. If an individual dies intestate, or without a will, as their estate is processed through the probate courts, the remaining assets will be distributed according to state laws.
However, the probate court process can be confusing and opaque. An experienced Florida probate attorney from Loughlin Law, P.A. can help explain the probate process in a personalized consultation. Call the office now at (561) 677-8384 for details.
Florida Probate Laws
Before researching the probate process, it is valuable to understand the laws and court rules that govern Florida probate. These laws establish rules and processes for how probate is carried out in the courts and how judges are to rule on issues or conflicts, and how personal representatives are to be appointed. Additionally, Florida probate law provides provisions for how an estate is administered if an individual dies intestate. Florida Statutes Chapter 733 lists detailed regulations and guidelines for the entire probate process in Florida. A probate attorney can help review these laws and address their impact on a specific estate.
Guide to the Probate Process in Florida
With a basis of legal knowledge that helps clarify how probate works, one can begin to understand the process itself and how to navigate challenges therein. While the probate process may seem complex and arbitrary, it is governed by a clear set of rules and can be easily navigated with some skill and legal knowledge. Preparing for the steps of this process can help avoid delays in the process and could even help increase the size of bequests for beneficiaries. This helpful guide to the probate process in Florida can help explain the basic steps in the process and what is required of those present at each given time.
For more detailed information on estate planning and the probate process, speak with an experienced Florida probate law attorney from Loughlin Law, P.A. to learn how probate laws could impact your case.
Submitting the Will
After the decedent’s passing, the family of the deceased will submit the will in question for the probate court to review. This step may be filed alongside a Petition for Administration, in which the family of the deceased petitions the court to open probate and begin the process of reviewing the will. Depending on the size and complexity of the estate, the court will enter either a formal administration or a summary administration. The court will generally validate the will, and then begin the process by appointing a personal representative to advocate for the wishes of the decedent and manage certain aspects of the probate process.
Appointing a Personal Representative
According to the Florida Bar, a personal representative is an individual or entity who is nominated either by the decedent or the court to administer the estate of the deceased. The personal representative must be of age, of sound mind, and either be a Florida resident or a close family member of the decedent. The personal representative is in charge of contacting the requisite parties who have a claim on the estate, managing the logistics of the estate administration, and distributing bequests according to the decedent’s wishes.
Inventory
After the personal representative is appointed, this individual, bank, or trust company will gather all of the decedent’s assets and take a thorough inventory of the estate. Depending on the size and complexity of the estate, this may require a certain degree of research and occasionally the input of a financial professional or appraiser. Some large and complex assets require extra attention to ensure that the entirety of the estate is accounted for and accurately valued.
Providing Notice to Creditors
After this, the personal representative will provide notice to creditors or other entities who may have a claim on the estate. Debts and other liabilities remain a part of the estate, and one of the more time-consuming aspects of the probate process is contacting creditors and informing them of the opportunity to submit a claim on the estate. The personal representative may also be expected to dispute fraudulent claims on the estate.
Filing Taxes
While Florida does provide a favorable tax climate with a robust homestead exemption and other benefits, federal estate taxes may still apply in the probate process even if the Florida estate tax is inapplicable, according to the Florida Department of Revenue. The personal representative must calculate and file federal estate taxes and fulfill any other related responsibilities as part of their role.
Distributing Bequests
Lastly, the personal representative will take charge of the remaining estate and distribute bequests according to the will provided by the decedent. In general, an individual’s will provides clear guidelines for how the remaining estate is to be distributed. However, in the event of an outdated and conflicting will or intestacy, the issues will be resolved according to Florida state survivorship laws. These laws generally favor a surviving spouse and children, which is why more nuanced estate plans generally benefit from a will or trust.
Closing the Estate
Once this process is complete, the estate is officially closed, the personal representative is relieved from their duty, and the probate process is ended. Depending on the complexity of the estate, the probate process may take anywhere between three and eighteen months. However, most standard wills take between six and eighteen months. Understanding how to navigate each step in this process is key to a smooth probate process, which is why many people rely on skilled lawyers and legal professionals to both prepare for probate and navigate it in the moment.
Speak with a Skilled Florida Probate Attorney Today
Although the probate process is complex and nuanced, a clear understanding of Florida law and legal experience can help reduce setbacks and complete the probate process quickly. An experienced probate lawyer from Loughlin Law, P.A. can help prepare a strong will for probate that will help avoid confusion and protect assets. Additionally, a Florida probate attorney can help navigate the process itself and help avoid confusion and navigate challenges. Schedule a consultation with an attorney by calling the office at (561) 677-8384 today.
