Steps to Take After Losing Someone You Love
Moving through your grief after someone you love passes away is one of life’s hardest experiences. In the following days, weeks, and months, families in Florida are often left wondering what will happen next from a legal standpoint. Knowing what basic steps are involved when settling your loved one’s estate can help during this difficult time. Below, our New Port Richey probate lawyer explains the steps to take.
What to Do During the First Few Days
One of the first and most important things to do is to locate and secure your loved one’s important documents. This includes their will, any trust they established during their lifetime, statements for their financial accounts, insurance policies, deeds to their property, and any other documentation that shows the property they owned and how they want it managed or distributed.
If your loved one had a will, Florida law requires the person in possession of the original will to submit it to the clerk of the circuit county in which the person lived before they passed away within ten days of the person learning of the death.
Understand if Probate is Necessary
Not all Florida estates are required to go through probate. When a deceased individual holds property in a trust, named beneficiaries on certain types of accounts, or jointly owned property with rights of survivorship, these assets are not subject to the probate process. However, when property is solely titled in the name of a deceased individual, it typically must go through some type of probate before any property can be transferred.
During a standard probate administration, the personal representative will administer the deceased’s estate. The personal representative is appointed as one of the first steps of the probate process. If your loved one did not name a personal representative in an estate plan, the court will appoint someone.
Another important step in the probate process is paying creditors for debts the deceased individual owed at the time they passed away. The personal representative must notify creditors of the death so they can file a claim, if necessary. The representative is also responsible for filing the deceased’s final tax returns so these obligations can also be resolved.
The probate stage can be overwhelming for any family. It is critical to follow the court’s deadlines and keep records organized. This will not only ensure the process runs more smoothly, but also that the personal representatives are shielded from personal liability.
Call Our Probate Lawyer in New Port Richey Today
Losing a loved one is difficult enough. You should not have to also go through the legal process alone. At Messina Law Group, P.A., our New Port Richey probate lawyer can work with you and your family to ensure you comply with Florida law and that legal matters are resolved quickly and efficiently. Call us today at (813) 492-7798 or fill out our online form 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=0700-0799/0732/0732.html
