What To Do When A Loved One Passes Away In Florida
The death estate process, otherwise known as probate or estate administration, is opaque to most people who do not actually work in probate law on a daily basis. As a result, probate first steps can feel overwhelming to bereaved families who know they need to get started, but are still wondering what to do after death has taken its toll on their hearts. At Loughlin Law, P.A., we encourage you to reach out during these difficult, and in many cases, confusing, moments. The opportunity to help individuals understand Florida probate and navigate its procedural steps with confidence is one of the most consistent rewards of our work. Call our office today at 561-559-6214 to schedule your consultation.
Determine Testacy vs. Intestacy
Florida’s Probate Code specifies that the custodian of a Last Will and Testament is required to deposit the Will with the appropriate court within 10 days after they have received notice of the testator’s passing, so that the Will is available to begin the death estate process. Consequently one of the probate first steps is confirming who is the custodian of the Will and making sure they are aware of the individual’s death. Unfortunately in some cases family members may not even be sure of whether their loved one left a Will vs. dying intestate.
If no one in the immediate family comes forward to acknowledge themselves as the custodian of the Will, then you may consider checking whether the deceased person had an ongoing arrangement with a local lawyer, as many individuals regard their attorneys as reliable custodians for their Wills; another option, once 10 or more days have passed since your loved one’s funeral or memorial, can be to check with the probate court in the district where the individual was a resident up to the time of their death. If none of these attempts uncovers the existence of a Will, then your family may need to move forward with a petition for an intestate (without a Will) death estate process.
Prepare the Petition for Administration With an Attorney
For most purposes, individuals in the United States have the right to retain professional legal representation, but are not required to do so. Probate in Florida is an exception to this general rule, although the attorney’s activities may not always be expansive in a particular probate case. The Probate Division of the Circuit Court for Florida’s 15th Judicial District provides a checklist for families – and especially the individuals nominated as personal representatives in a loved one’s Will – to use in preparing the petition for administration of a testate (with a Will) estate.
The completed checklist, which requires a signature from an attorney as well as the petitioner unless the petitioner is the sole beneficiary of the estate, must be submitted along with the e-filed petition for administration. If your loved one died intestate (without a Will), the Circuit Court in Palm Beach County provides a separate (but in many ways similar) checklist to fill out and file with your petition for administration.
Offer the Will for Probate
Offering the Will for probate is different from depositing the Will with the Court. Offering the Will for probate means requesting the Court’s confirmation of its validity, so that probate proceedings can move forward on that basis. Florida law does provide for “self-proof” of Wills under § 732.503, Florida Statutes, but not all individuals take advantage of the opportunity to self-prove their Wills. Generally speaking, however, the state’s Probate Courts typically do find Wills admitted to probate to be valid as long as they conform to the requirements set out in § 732.502 and in the absence of any contest to their legitimacy (contests to the legitimacy of a Will may or may not end in a declaration of invalidity by the Probate Court, but will generally be cause for more detailed proceedings).
In the administration of testate (with a Will) estates, the Probate Court will usually affirm the testator’s nomination of a personal representative as long as the individual nominated in the Will meets the requirements specified under Florida law (broadly, a Florida resident or member of the decedent’s immediate family, in sound mind and without a criminal record) and is both able and willing to perform the duties of a personal representative. If the death estate process must be carried out intestate, however, the Court will appoint a personal representative according to the order of preference set out in § 733.301, Florida Statutes.
Gather Important Documents
Once the Court has appointed a personal representative to undertake the administration of the estate, the Court will issue Letters of Administration (known in some states as letters of testamentary), authorizing this individual to begin the administration process. The receipt of letters by the personal representative concludes probate first steps for the family wondering what to do after death of a loved one, but for the personal representative merely begins the death estate process.
The next formal phase of administration will be serving “interested” parties with a Notice of Administration. However, the determination of who qualifies as an interested party – and therefore who must be served with notice – will require an initial assessment to determine not only who may be a beneficiary of the estate (this may be easier to determine in testate administration, as the beneficiaries will typically be named in the Will), but also who may be entitled to a share of exempt property. This latter category will for obvious reasons require the personal representative first to develop a clear understanding of the property in the estate in order to identify any assets that may be exempt from probate. An estate planning attorney with Loughlin Law, P.A. may be able to help you review your loved one’s estate plan and identify any other documents you may need to gather.
Notice to Creditors or Petition for Summary Administration
Another reason why it is important to gather and review your loved one’s financial and estate planning documents during your probate first steps as a personal representative is that, depending on what you discover, you may be able to file a petition for summary administration as opposed to “full” probate through formal administration. If the total of the non-exempt assets in a decedent’s estate comes to $75,000 or less, then the estate may qualify for Florida’s streamlined summary administration process. Determining which assets have exemptions under Florida’s probate code is obviously essential to making this determination.
If the estate does not meet the criteria for summary administration, then at this stage the personal representative will need to publish a notice to creditors in a local newspaper. The notice must run for a minimum of two weeks, to give creditors of the estate potentially unknown to the personal representative a chance to submit their claims. If, on the other hand, it appears that the total value of the probate estate is under $75,000, then you may file a petition for summary administration and, with approval from the Probate Court, proceed to make arrangements for the satisfaction of known creditors and thence to the distribution of assets to beneficiaries, without the two-week waiting period.
Consult with a Palm Beach County Probate Lawyer
Most of us at some point wonder what to do after death, particularly after the death of someone we held dear. The questions can become especially pressing for someone who has been appointed as the personal representative of a loved one’s estate. Most people not involved in the practice of probate law are not familiar with the intricacies of the death estate process in Florida, and many find it complex and overwhelming, during what is often an emotionally trying time. Consider working through your probate first steps with the advice and support of a probate lawyer in your area who has the professional expertise to answer your questions from a place of compassion as well as knowledge. At Loughlin Law, P.A., we pride ourselves on offering our clients understanding and support as well as practical solutions. Call our team in Boca Raton today at 561-559-6214 to set up a consultation.
