Frequently Asked Questions About Florida Probate

Losing someone you love can be one of life’s most difficult experiences. In the midst of grief, it is understandable not to have thought about what will happen to your loved one’s property. You may be unsure where to start, how probate works, or where to find answers to your most urgent questions. Below, our New Port Richey probate attorney answers some of the questions we hear most often.

What is Probate?

Probate is the court supervised process of administering a person’s estate after they pass away. The probate process involves many steps, which include:

• Proving, or validating, the will, if any.
• Identifying, collecting, and value the property of the deceased
• Notifying all heirs, beneficiaries, and other interested parties of the death
• Paying the debts of the deceased, including medical expenses, using the assets within the estate
• Distributing any remaining assets in the estate to the beneficiaries according to state law or a will left behind

What Property Must Go Through Probate?

Although much of a person’s property must go through the probate process, this is not true for all assets. Jointly owned property, such as a bank account, is not subject to probate as it will automatically transfer to the surviving owner. Bank accounts that have a payable-on-death designation, life insurance policies, and other accounts that have designated beneficiaries also do not have to go through probate. These will transfer to the named individual instead.

Is Probate Required if Someone Wrote a Will?

Many people mistakenly believe that probate is not required when a deceased individual has drafted a will. Again, wills are proven during probate, and this is one of the first steps. As such, even when a person has written a will, much or all of their property may still be subject to probate.

How Long Does Probate Take?

Most estates in Florida are subject to formal administration, and this process can take anywhere between six and twelve months. Formal administration is the type of probate most people think of when they consider the process. In Florida, summary administration is also an option. However, it only applies to estates that have a value less than $75,000 or if the decedent passed away more than two years ago. This type of probate is much faster and can take only one to three months.

Do I Need a Probate Lawyer in New Port Richey?

Whether you have lost someone you love or you are starting to think about planning your own estate, it is a great help to work with a New Port Richey probate lawyer. At Messina Law Group, P.A., our seasoned attorney can answer all of your questions and provide the sound advice you need to ensure you can make informed decisions. Call us at (813) 492-7798 or contact us online to request a consultation and to learn more about how we can help with your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html