When you are grieving the loss of a loved one, legal proceedings are probably the last thing you want to think about. Unfortunately, probate is often a fact of life (and death) for family members, friends, and associates of the recently departed.
Probate in Florida is the legal process of administering and distributing a deceased person’s property (their estate). The court oversees this process to ensure the proper payment of debts and distribution of the remaining assets to the rightful beneficiaries.
Probate can be complex and lengthy when a person passes away with many assets, debts, or business interests. Having a good attorney during this time can help ensure your departed loved one’s wishes are honored and your interests are properly protected.
You can find a highly experienced and skilled Altamonte Springs probate attorney at BrewerLong. We have been representing residents of Florida for more than 15 years, and we do so with passion and a focus on fostering strong relationships with each client.
Basic Steps of Probate in Florida
Probate can be a long road as the estate’s representative, the court, and involved parties pour over the details of a deceased person’s estate. However, knowing the steps of this process and having a knowledgeable attorney to guide you through it can cut down on stress and unexpected losses. We break down the basics of probate below.
Filing the Probate Petition
Probate begins when someone (usually a representative named in the will or an heir) files a petition in the county where the deceased person (decedent) lived. If there is a will, it must be submitted along with the petition. If there is no will, distribution of the estate occurs according to Florida’s intestate succession laws, which typically dictate that the decedent’s assets go to their surviving spouse, descendants, or family.
Appointment of a Personal Representative (Executor)
The court appoints a personal representative. The personal representative is often the person named in the will or, if there is no will, a qualified family member. However, a representative could be any adult who was a resident of Florida when the decedent passed. The personal representative manages and distributes the estate, pays debts, and handles other probate-related duties.
Notice to Creditors
As much as we want it to be, probate is not just about sharing a decedent’s assets among their loved ones. Probate is also about paying the decedent’s debts from what is in their estate.
A personal representative must notify all known creditors of the estate. Notice typically involves service and publishing a notice to alert creditors. They often have 90 days from the publication date to file claims against the estate.
Inventory of the Estate
The personal representative must identify, locate, and take control of the decedent’s assets, including:
- Real estate,
- Bank accounts,
- Investments,
- Personal property, and
- Business interests.
The personal representative must file the inventory with the court.
Payment of Debts and Taxes
The estate is responsible for paying the decedent’s outstanding debts and final expenses, including taxes. The personal representative must ensure the settlement of all valid claims by creditors before distributing any assets to beneficiaries.
Distribution of Assets
After debts, taxes, and expenses are paid, the remaining assets are distributed to the beneficiaries named in the will or according to intestate succession laws when there is no will.
If there are disputes (e.g., challenges to the will), the court may need to resolve them before distribution occurs.
Closing the Estate
After paying all claims, the personal representative files a final accounting and a petition for discharge with the court. The accounting shows how the estate’s assets were handled and how the representative will distribute them. The probate court reviews and approves the final accounting to officially close the estate.
What Happens If the Decedent Was a Business Owner?
Depending on the type of business owner they were, the decedent’s business debts might affect their personal estate. Also, the probate of a business owner’s estate may raise questions about which beneficiaries have rights to the business proceeds or a managing stake in the venture the decedent left behind. Not only do our attorneys at BrewerLong understand Florida probate laws, but we also understand Florida business. Each Altamonte Springs probate attorney at BrewerLong can provide comprehensive representation and advocacy in any probate matter.
Contact Us Today
Have you lost a loved one and are not sure where to look next? We have decades of combined experience, and our advocacy wins awards and top ratings from our clients. You can contact us online or call us to schedule an appointment.