Frequently Asked Questions About Probate in Florida
The probate process is one that is often required after a person passes away. Probate is court supervised and the process is often complex, particularly when large estates are involved. It is natural to have many questions if you have to go through it, or want to help your loved ones avoid it. Below, our Tampa probate lawyer answers some of the most frequently asked questions about the process.
What is the Probate Process?
Probate is the official process of administering a person’s estate after they pass away. During probate, the assets of the deceased are collected, taxes and other expenses related to the estate are paid, and property is distributed to the designated beneficiaries if a valid will exists, or the individuals outlined in Florida’s intestate laws. There is more than one type of probate in Florida and so, it is always important to work with an attorney.
What Assets are Subject to Probate?
Generally speaking, the assets that must go through the probate process includes property that is only in the name of the decedent at the time of their death and that does not have a designation on it. For example, if someone had a bank account that was only in their name, and it did not have a transfer-on-death (TOD) designation, it would be subject to probate. On the other hand, if the account did have a TOD designation, the funds in the account would automatically transfer to the named individual. Co-owned property is also not subject to probate, as it automatically transfers to the surviving owner.
What Do Probate Judges Do?
Probate judges supervise the entire process. At the beginning of the process, the judge will appoint a personal representative. The judge will then issue letters, also known as letters of administration, to notify the relatives of the decedent, as well as the general public, that the personal representative has the authority to take actions throughout the probate process. When required, the judge will also preside over certain hearings and resolve issues raised during the administration of the estate. Finally, the probate judge will then issue orders that officially and legally resolve the issues.
What Do Personal Representatives Do?
Personal representatives have many responsibilities. The personal representative initiates the probate process by filing the will with the appropriate court. The personal representative must also inventory all assets of the estate, notify creditors and beneficiaries, and distribute assets accordingly. The personal representative must also keep records and provide an account of administration to the court and beneficiaries.
Our Probate Lawyer in Tampa Can Answer Your Questions
If you are facing the probate process, it is important to contact our Tampa probate lawyer. In Florida, all personal representatives must be represented by an attorney, and legal guidance is critical at this time. At Messina Law Group, P.A., our experienced attorney can answer all of your questions and make the process as easy as possible for you. Call us now at (813) 492-7798 or contact us online to request a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html
