Tampa Probate Lawyer

Probate is a legal process that occurs after someone passes away, involving the validation of their will and the distribution of their assets in accordance with their wishes or state law. In Florida, like in many other states, probate is a required procedure for settling the estate of a deceased person, ensuring that debts are paid and assets are distributed to the rightful heirs or beneficiaries. Below is an overview of what probate entails in Florida and what you should know about it. For more information or personalized assistance from a team of dedicated Florida probate attorneys, contact Messina Law Group to speak with our experienced Tampa probate lawyer.

Why Is Probate Necessary?

Probate serves several important purposes:

• It provides a legal process for transferring assets from the deceased to the beneficiaries.
• It ensures that creditors have an opportunity to present and settle their claims against the estate.
• It allows for the payment of taxes and final expenses.
• It resolves any disputes that may arise regarding the distribution of assets.

Is Probate Always Required in Florida?

Probate is required to give effect to a will, but there are many ways to transfer property besides using a will, and many of these methods will avoid the probate process. For example, assets in a bank account with a pay on death (POD) or transfer on death (TOD) designation don’t have to go through probate. Also, many instruments with beneficiary designations don’t need to be probated to transfer property to the designated beneficiaries. These instruments include life insurance policies, annuities, IRAs and other retirement accounts, mutual funds, and more. Utilizing tools like these, or a revocable living trust, can minimize the assets that have to go through probate, even if they don’t get rid of the need for probate altogether.

It’s also important to know that Florida offers several types of probate proceedings, depending on the size and complexity of the estate:

• Formal Administration: This is the standard probate process for estates with assets exceeding $75,000, not including exempt property. It involves the appointment of a personal representative and can take several months to over a year to complete.
• Summary Administration: For estates valued at $75,000 or less, or if the decedent has been deceased for more than two years, summary administration may be an option. This is a simplified process that can be faster and less expensive than formal administration.
• Disposition Without Administration: In cases where the estate consists solely of personal property exempt from creditor claims and nonexempt property that does not exceed the cost of funeral expenses and medical bills in the last 60 days of the decedent’s life, a formal probate process may not be necessary.

What Is the Probate Process in Florida?

1. Filing a Petition: The probate process begins with the filing of a petition in the appropriate Florida probate court, typically in the county where the deceased resided. This petition seeks to open the probate estate and appoint a personal representative, also known as an executor, to manage the estate.
2. Notice to Creditors: Once the probate process has started, creditors are notified and given a period to file claims against the estate. In Florida, creditors have a specified timeframe to submit their claims, usually within three months from the date of the first publication of the notice of administration.
3. Inventory and Appraisal: The personal representative is responsible for creating an inventory of the estate’s assets and obtaining appraisals for their value. This includes real estate, bank accounts, investments, personal property, and any other assets owned by the deceased.
4. Paying Debts and Taxes: Before distributing assets to beneficiaries, the personal representative must ensure that all valid claims from creditors are paid, along with any outstanding taxes owed by the estate.
5. Distribution of Assets: After debts and taxes have been settled, the remaining assets are distributed to the beneficiaries as outlined in the will, or according to Florida’s intestacy laws if there is no will.

The Tampa Probate Attorneys at Messina Law Group Are Here to Help With Florida Probate Matters

Probate in Florida is a crucial process for settling the estate of a deceased person, ensuring that their assets are distributed according to their wishes or state law. Whether you’re planning your estate or dealing with the estate of a loved one, understanding the probate process can help you navigate the legal requirements and make informed decisions. If you have questions about probate or need assistance with estate planning, call Messina Law Group to consult with a qualified and experienced Tampa probate lawyer.