The Florida Probate Process
The probate process ensures the legal distribution of a person’s assets after their passing. If no will is produced, or if the will was not properly executed, then the estate is distributed according to state law. Here are a few of the key steps in the probate process:
- Upon death, a person’s will is submitted to the probate court in their county.
- Validity of the will must be proven. A “self-proven” will, or one signed by two witnesses in the presence of a notary, are usually accepted quickly by the court.
- The document may nominate a personal representative, subject to legal qualifications.
- Debts, taxes, and probate costs must be settled before asset distribution.
- On satisfying the will’s terms, probate concludes, and the executor is dismissed.
For more probate rules, visit our resource page.
How to Avoid Probate
What assets enter probate? Generally, properties that don’t transfer naturally or have a predetermined arrangement for ownership transfer. Certain assets avoid probate, like joint bank accounts and life insurance policies with specified beneficiaries. Trusts are also a helpful tool for bypassing probate.
Role of a Personal Representative or Executor
The executor, nominated in a will, manages the decedent’s estate. This individual ensures assets are properly distributed and finalizes the probate process. While any mentally competent adult can serve as an executor, Florida mandates specific requirements for out-of-state representatives.
How We Help
Navigating probate requires diligence and legal expertise. Many legal issues arise throughout the process that can complicate the proceedings and overwhelm the personal representative.
To simplify and streamline the probate process, you need to work with a proficient probate attorney. By partnering with Private Corporate Counsel Firm, you’re not just getting legal guidance – you’re gaining a supportive ally during challenging times. Learn how we can help today.