Can a Florida Probate Case be Done While Social Distancing?

Yes. A Florida probate, aka estate administration, can absolutely be conducted safely according to social distancing requirements.

Most people have never heard the word “probate” prior to the passing of a loved one, so they are often unfamiliar with the requirements of the probate process. While every state’s requirements will differ, Florida requires electronic filing of pleadings, so that a probate can be conducted remotely. The family member petitioning to initiate the probate, or who volunteers to serve as personal representative, aka executor, is often never required to appear in Florida or to participate in any court hearings, as long as the proceedings are uncontested or non-adversarial. We work with many out of state and out of county beneficiaries in order to complete the entire court proceeding remotely, relying on clients to execute pleadings and get them back to our office via scanning and emailing, or via fax. The main reason a family member may choose to come to Florida besides attending a funeral, which can be difficult if not impossible due to COVID-19, is to secure the residence of the decedent, to search through the tangible personal property and records to locate information, and to be involved in the sales process with the realtor. All of the abovementioned tasks can also be outsourced to professionals in the event the family member cannot travel.
Such ancillary services may include:

Inventory services documenting all tangible personal property in the home in order to create a detailed report for beneficiaries
Estate sale services assisting with advertising and hosting estate sales online and onsite to sell tangible personal property
Junk removal services to remove tangible personal property with little or no monetary value
Realtors list the home for sale, but can also provide a number of services related to cleaning the home, storage of tangible personal property, and potential repairs

How An Experienced Florida Probate Litigation Lawyer Can Assist You

The process of settling a loved one’s estate after they pass away is often riddled with questions and disputes. Families that don’t deal with probate and/or trust administration properly can suffer significant consequences, such as family rifts, expensive litigation, and financial hardship.

Working with an experienced probate lawyer can save your family from worrying about these issues. Your first step towards peace of mind starts by calling our law firm to arrange an initial consultation with an experienced Florida probate litigation attorney. Call the Florida Probate Firm today, we are here to help.

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