Jupiter Probate Lawyer

Get help with your questions about probate assets, personal representatives, and different types of administration for the probate process by consulting with a Jupiter probate lawyer.

There are many things to consider when beginning the probate process to settle the estate of a recently deceased family member. Frequently, people in Jupiter or the surrounding areas of the Treasure Coast consult a Florida probate lawyer for help with questions about probate assets, personal representatives, and different types of administration for the probate process.

Creating a Will

One thing to consider is whether or not the decedent left a will. Under Florida law, if a person dies intestate, or without a will, a series of laws will decide who inherits. Typically, the deceased’s spouse and children inherit most of the estate. If the deceased had children only with their current spouse, who does not have any other children, then the spouse inherits the whole estate.

If the deceased or their spouse had children with someone else, the spouse receives half the estate and the remainder is divided among the decedent’s children. If the deceased person had a spouse but no descendants, the spouse receives the entire state, and vice versa.

When there are no surviving descendants or spouse, the estate will go to the decedent’s parents, or their siblings if their parents have also passed. If no surviving parents or siblings can be found, the state will seek out more distant relatives, such as aunts, uncles, or cousins.

What If There Are No Living Relatives?

In the event that no living relatives can be found, the estate passes back to the state, specifically to the state education fund. However, this is a rare occurrence—the state will work very hard to find living relatives, however remote.

With or without a will, the estate must go through the probate process. Most commonly, this is done using a process called formal administration, where the court closely supervises the distribution of the estate’s assets. This also calls for a personal representative, or executor, to be appointed. If the decedent had a will, he or she likely nominated a personal representative in that document.

However, when the deceased did not have a will or did not nominate a personal representative, the court will appoint one. Often a surviving spouse or adult child will be appointed, but other relatives or beneficiaries may also be chosen.

The personal representative usually has a complex job. This person will find and value all the estate’s assets, track down creditors and pay the estate’s debts, and distribute the assets after paying all debts and fees (including costs of administering the estate, like fees for asset appraisal, accounting charges, and taxes).

During administration, the personal representative may need to take steps to invest or maintain assets. He or she will also need to place a Notice to Creditors in the local paper, and seek out any obvious debts so they can be paid. The representative will also have to pay estate taxes before the estate can be closed.

Hiring a Jupiter Probate Lawyer

Depending on the situation, the personal representative may have many other tasks to complete as well, but your Florida probate lawyer will be able to help you navigate the process. If you have questions or concerns about probate, estate planning, or other Florida legal services, please contact Apfelbaum Law for a consultation. We can be reached at 772-236-4009, or contactus@alawfl.com.