If you have ever lost a loved one, you know that it can be a very difficult time, especially for family members as they navigate funeral plans, expenses, emotional stress, and sometimes, the added burden of the probate process.
Probate is the legal process of administering the estate of a deceased person. Understanding this process can be challenging, especially when combined with difficult emotions and financial stressors.
In order to better assist you in preparation for these difficult times, here are the details of the probate process in the state of Florida. There are generally nine main steps involved.
Step 1: Contact a Probate Attorney
Meeting with a probate attorney should be the first step in this process. This lawyer will instruct you to obtain the will and death certificate, which will be needed in the future.
Your attorney will offer aid in determining debts, assets, and the executor listed in the will, if you are not the primary executor. This contact will be helpful as you navigate this process and will answer any questions that you may have, while offering insight and helpful advice on how to approach challenging legal issues. If there is no will, then the probate process will be mostly regulated and dictated by Florida Probate law.
Step 2: File a Petition
Next, you will file a petition with the Probate Court for the Petition of Administration, along with filing the will. This must be done in the same county where the deceased resided.
When granted by the court, the petition will designate the executor as the representative of the deceased. They will have access to the deceased’s assets and have a variety of estate tasks. At this time, all living heirs will be notified that the estate is open, if they were not already aware of the deceased’s passing. The executor will often open an account for all assets of the estate.
Step 3: Notify the Deceased’s Creditors
The representative must notify all creditors that the deceased has passed and the estate is open. It is required for the representative to publish a notice to creditors in the local newspaper once a week for two consecutive weeks.
From the time of publishing, creditors have three months to file a claim against the estate. It is the representative’s responsibility to file a list of all known creditors with the court.
Step 4: Inventory the Estate
Next, the representative will compile a list of all known property and assets of the deceased and file this with the court. This includes physical property, bank accounts, stocks, real estate titles, mutual funds, vehicles, and other properties found inside the home. Once this list is complete, the representative will notify the court.
Step 5: Pay Debts and Close the Creditor Period
At this time, three months have passed from the time of creditor dispute, as discussed in step three. After this time, any additional received claims may not be valid and could be disputed by the representative.
The representative will begin to close the estate by paying all debts received before this time by utilizing funds in the deceased’s estate account. If no funds are available to pay off debts, the representative may have to sell properties in order to pay off creditors.
Step 6: File and Pay Estate Taxes
Now, the representative may have to file an income tax return with the IRS, including estate tax.
Step 7: Final Estate Accounting
The representative will compile a list of every action he/she have taken on behalf of the deceased up until this point. This list must include attorney and probate fees, estate’s assets, funds given to creditors, and the funds given to the representative.
Step 8: Distribute Assets to Beneficiaries
At this point, all the beneficiaries listed in the deceased’s will can receive their inheritance.
Step 9: Close the Estate
Once the remaining property has been received by the beneficiaries, the representative must petition the court to close the estate. This will also relieve him/her of duties as the deceased’s representative, and the probate process will have ended. The length of a probate proceeding from start to finish can vary from county to county, and from case to case.
We’re Here to Help
Apfelbaum Law has offices located in Port St. Lucie and Stuart, Florida. If you or a loved one needs assistance in navigating the probate process, we are here to help. Our experienced lawyers are able to walk you through these complicated steps and ensure everything is done properly. Contact us at (772)-236-4009 and let us know how we can help you.
