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FAQs / Probate Process / How does the probate process work?

How does the probate process work?

The probate process can simply be described as the legal proceedings required to transfer title of assets belong to a decedent, into the names of the correct beneficiaries.  As a hypothetical, let’s assume your uncle passes away.  If at the moment of death, he had property held in his sole name, in order to transfer said property to the beneficiaries under his Will, you will require an order from a probate judge to re-title those assets.

While there are a variety of probate processes, the default route is via a “formal probate.”  A formal probate begins with a petition being filed in the probate court identifying the decedent, and identifying the alleged beneficiaries, either via a Will or intestate statutes.   Any interested person, usually a beneficiary or the nominated personal representative, can petition the court to appoint a personal representative who will act on behalf of the estate.  Once the court grants Letters of Administration and appoints someone to be the personal representative, the estate is initiated.

The personal representative will then proceed to perform the duties that Florida law requires. These duties include gathering probate assets and fling an inventory of the estate’s assets, determining who the estate’s creditors are and giving them notice, paying any debts and taxes the estate owes, and finally distributing the remaining assets to the appropriate beneficiaries.  The inventory is typically due within 60 days of obtaining the Letters of Administration.  The 90-day creditor period will be initiated by the attorney for the personal representative shortly after the appointment.  Only once the creditor period expires can final distributions be contemplated and the paperwork to close the estate be submitted.  The probate process is supervised by the court, but it is the appointed personal representative that does most of the leg-work on behalf of the estate.

Probate ProcessFAQs

  • Where is probate handled?
  • Do I need the original will?
  • Do I need to file tax returns for the estate?
  • Do I need to give notice to secured creditors?
  • How are estate creditors handled?
  • How does the probate process work?
  • How is the Internal Revenue Service (IRS) involved in the probate process?
  • Is there a small estate exception to probate?
  • My spouse died and left a will leaving his assets to me and my children. Do we have to probate the will?
  • The decedent owed me money. How do I file a claim against the estate?
  • Are probate records available on the internet?
  • How should I deal with the time and cost of probate?
  • Do life insurance or retirement benefits need to go through probate?
  • What is a formal probate?
  • What is ancillary probate?
  • What rights do surviving family members have in probate?
  • What should I do to prepare for seeing a probate attorney?
  • How can I plan to avoid or minimize probate?
  • How long will probate take?
  • How can an attorney assist me in the probate process?
  • Why is it important to know the names and addresses of the family members and relatives of the deceased?
  • What is probate?
  • What are Letters of Administration in Probate?

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