FAQs About the Florida Probate Process
Probate is a legal process that governs the distribution of property within a person’s estate after they pass away. While many people have heard about the probate process, they still do not fully understand what is involved in the process, or what to expect when going through it. As such, when individuals go through the process, it is not unusual for them to have many questions. Below, our New Port Richey probate lawyer provides the answers to some of the questions we most frequently hear.
What Happens During Probate?
There are many steps involved in the probate process. If the deceased left behind a will, it is first proved, or validated. The deceased’s property is then inventoried and valued. Notice must be issued to creditors so they can make a claim against the estate if the deceased individual still owed debt when they passed. Ultimately, any remaining assets in the estate are then distributed to heirs and beneficiaries according to the terms of the will or the intestate laws in Florida, if there was no will left behind. There are different types of probate depending on the amount of time that has passed since the death and the value of one’s estate.
Does All Property Have to Go Through Probate?
Contrary to what many people think, not all property owned by a deceased individual is subject to probate. For example, if someone established a trust during their lifetime and retitled property into the name of the trust, those assets are not subject to probate. Additionally, accounts with beneficiary designations such as life insurance policies, jointly owned property, and transfer-on-death and payable-on-death accounts are also not subject to probate.
What Does a Personal Representative Do?
The personal representative plays a very important role during the probate process. They are responsible for administering the estate according to state law and the instructions of the decedent. Personal representatives have many duties, and they include:
- Identifying gathering, valuing, and safeguarding the property within the estate
- Publishing notice to creditors
- Defending legal disputes, such as will contests
- Filing tax returns and paying taxes
- Paying administrative expenses
- Providing beneficiaries with an accounting
- Distributing property to beneficiaries
- Closing probate administration
How Long Does Probate Take?
The probate process can take anywhere from a few months to one year or longer. The amount of time the process takes depends on the complexity of the assets within the estate and if disputes arise during the process. Summary administration can take just a few weeks, but this process is reserved for smaller estates or cases when the decedent has been gone for more than two years.
Do I Need a Probate Lawyer in New Port Richey?
It is strongly recommended that anyone going through the probate process has legal representation. For certain individuals, such as personal representatives, it is a legal requirement. At Messina Law Group, P.A., our New Port Richey probate lawyer can help you through the process, advise on what to expect, and make it as easy as possible for you. Call us now at (813) 492-7798 or chat with us online to schedule a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html
