What Do Personal Representatives Do During Probate?
Losing a loved one is never easy. During your time of grief, learning that you have been designated as the personal representative of your loved one’s estate can be even more stressful and overwhelming. Personal representatives are responsible for many different tasks, particularly throughout the probate process. Knowing what steps are involved can help you prepare for the process and make the entire process easier. Below, our Tampa probate lawyer explains the tasks personal representatives are responsible for completing.
File the Petition
Probate officially begins when the petition for administration is filed with the court. The petition must be filed with the circuit court in the same county where the decedent lived during their lifetime. When the person who passed away designated a personal representative in their estate plan, it is typically that person who files the petition, but a beneficiary or heir also can. The petition asks the court to start the probate process and administer the deceased individual’s estate. If the deceased did not name a personal representative, the probate court will appoint one.
Notify Creditors
Personal representatives must also notify creditors that the deceased still owed debt to. Notice must be given directly to known creditors and the personal representative must publish a notice in a local newspaper to notify unknown creditors. After receiving notice, creditors then have 90 days to file a claim against the estate to recover unpaid debt.
Inventory Property
Personal representatives must also inventory all property of the deceased. They must then value the property and safeguard it. There are many different types of property that are inventoried, including:
- Real estate
- Bank accounts
- Personal property such as collectibles, furniture, and jewelry
- Vehicles
- Retirement accounts
- Business interests
- Debts
In some instances, property of the decedent is sometimes sold to help cover remaining debt.
Distribute Property
Once property has been inventoried and valued, creditors have been notified and debts have been satisfied, the personal representative can then distribute the remaining property in the estate to the beneficiaries. If the decedent had left a will, the distribution will be carried out according to the instructions in the document. If there was no will left behind, distribution will follow the intestacy laws in Florida.
File Final Accounting
One of the last steps for the personal representative is to file the final accounting with the probate court. The final accounting includes full details regarding the property of the estate, the debts that have been paid, and the distribution to beneficiaries. The final accounting also asks the court to close probate and relieve the personal representative of their position. Once the final accounting is approved by the court, probate can be closed.
Our Probate Lawyer in Tampa Can Help
If you are about to enter the probate process, our Tampa probate lawyer can help. At Messina Law Group, P.A., our experienced attorney can guide you through the process, ensure all necessary steps are completed properly, 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&Search_String=&URL=0700-0799/0733/Sections/0733.602.html
