Palm City Probate Attorney

A Palm City Probate Attorney can help you navigate the often complex tasks, statutes, and more surrounding in the probate process.

At Apfelbaum, our experienced Florida probate attorneys often meet clients who have been appointed the personal representative, or executor, of an estate. The personal representative, often a spouse or adult child of the deceased, is either nominated by the decedent’s will or appointed by the court.

Once appointed, this person has three general tasks:

1. Finding and valuing all the estate’s assets
2. Paying all the estate’s debts
3. Distributing any remaining assets to the estate’s beneficiaries.

These general tasks are broken up into several smaller jobs, many of which can be confusing—especially to someone who has never been a personal representative before.

Understanding “Notice of Administration”

Under Florida probate statutes, the personal representative is required to send out a “Notice of Administration” with details on how the estate will be administered, and what interested parties may do if they object to this administration. Your Florida probate lawyer can help ensure that the Notice of Administration is worded properly and meets the court’s requirements.

The Notice of Administration must be served to specific people known to the personal representative. This list usually includes the decedent’s surviving spouse, beneficiaries, trustees and beneficiaries of any trusts the decedent had created, and people who might be entitled to any exempt property.

You will also need to compile a list of assets and their values, including information on how the value was appraised. If a beneficiary sends you a written request to explain the valuation of an item, you will need to provide them details of the appraisal, such as who appraised the item and what that person’s qualifications were.

You will also need to publish a “Notice to Creditors” in the local newspaper, letting anyone who might be owed a debt by the estate know how to contact you. However, you cannot wait for debtors to track you down. In the meantime, you should be seeking out “reasonably ascertainable” creditors, such as credit card companies the deceased had an account with, landlords they might have owed rent, etc. Your Florida probate attorney can help you write the Notice to Creditors, which tell potential creditors the time frame in which they must file a claim.

Once a debt claim is found to be valid, you will need to pay it. Additionally, you will have to pay any expenses incurred while administering the estate, such as fees to appraisers or accountants, etc. Estate taxes also must be paid.

After all debts have been paid, it will be your job to distribute any remaining assets to the estate’s beneficiaries. Usually the amount paid to each beneficiary is determined either by the decedent’s will, or Florida statutes that dictate inheritance if the decedent died intestate, or without a will. After all debts are paid and all assets are distributed to beneficiaries, your final task will be to supervise the legal closing of the estate. Your Florida probate attorney can assist you with this process, and help you ensure all loose ends are tied up.

Contact a Probate Attorney Today

This is not a complete list of all tasks you may need to do as a personal representative. You might also have to collect debts owed the decedent, continue his or her business for a period of time if necessary, and invest or maintain assets. A Florida probate attorney can help you determine anything else you should do.

If you have questions or concerns about wills, estates, probate law, or other Florida legal services, please contact Apfelbaum Law for a consultation. We can be reached at 772-236-4009, or contactus@alawfl.com.