Probate is the court process used in the State of Florida to resolve a person’s estate after their death. It can include administering a will, if one was adopted. Alternatively, the property belonging to an individual at the time of their passing can be divided among specific family members according to state law.
Yet as many people come to find out, distributing the assets of an estate can take time, and conflict is not uncommon. The good news is that you have the right to seek legal counsel to help with the probate process in Coral Gables. With the Law Firm of Ana M. Veliz, let a dedicated probate attorney guide you through every phase of this important task.
The first step that formally begins the probate process in Coral Gables or anywhere else in Florida is the filing of the Petition for Administration. This legal filing comes with several important documents, including a last will and testament if one was created. The appropriate jurisdiction for the filing is the circuit court in the County where the decedent resided at the time of their death. There will also need to be a determination of whether the estate goes through formal administration or summary administration.
If there is no dispute over the identity of the personal representative or the will, the judge will issue a Letter of Administration. This correspondence empowers a person to act on behalf of the estate and guide the probate process forward. At this point, the heirs and beneficiaries of the deceased person are notified of the proceedings.
The beneficiaries of the estate are not the only parties who are entitled to notice of the proceedings. Before any assets can be distributed, the administrator must provide formal notice to any of the decedent’s creditors. This gives them time to file a claim for any debts they are owed.
The estate is not obligated to pay every claim. Part of the probate process for an administrator in Coral Gables is about determining which of these claims are valid, and which do not have to be accepted. There are strict requirements on how this notice is provided or published. An attorney could ensure the executor complies with these rules, and the notice requirement is satisfied.
Before a personal representative can distribute assets to the beneficiaries, they will first need a clear picture of what assets are available. This starts with a thorough inventory of the decedent’s assets. The complexity of this task depends on the size of the estate, and in some cases, it may require little more than having a bank account in proper order. In other situations, the representative may need to track down priceless artifacts or confirm ownership of real property. One of the advantages of hiring an attorney to assist with these efforts is that they could handle complicated inventory assignments.
In the end, it is the role of the personal representative to pay out all valid claims from the estate. This starts with creditors, including any tax obligations. Next, they must divide the remaining property among the beneficiaries as directed. The final step requires filing a report to the court, which formally brings the probate process to an end.
The prospect of navigating probate court can feel overwhelming for some people who take on the role of personal representative. While it is rarely simple, there are steps you can take to make things easier. The most important of those is hiring a seasoned estate planning attorney to advise you on the probate process in Coral Gables. Call our team today for a private consultation.
We evaluate your case and determine how we might be able to help.
We will meet with you to discuss your next options and lay out a plan.
Our team guides you throughout the process so you feel confident about your choices.
(305) 250-9917