Understanding Probate

The Florida Probate Process

If someone you love has passed away recently, it is essential to know how the Florida probate process operates. This could be a complex process over a challenging period. This is the reason it is vital to understand what to expect and what you ought to do.

grieving elderly womanFirstly, you should realize what probate law relates to. The fundamental principal here is that all assets omitted from legal wills, prior to the death of someone, go to probate. There are some assets which can be utilized and some that can not. For example, a bank account which was exclusively in the name of the deceased qualifies for probate. Similarly, a life insurance policy which was in the estate’s name, as opposed to having a specified beneficiary, qualifies as well. Real estate which was solely in the deceased’s name is the asset most commonly subject to probate.

What should be remembered is the order of the probate procedure for determining who owns the assets. Initially, the surviving heirs will be looked at by the probate administration. The surviving spouse is the 1st person who can legally claim the assets. Nonetheless, if the deceased happens to have any children, who are not from the surviving spouse, the assets will get equally divided amongst them. Whenever there isn’t a spouse, and only children, all the assets will get divided amongst the children. For people with no children, their assets will be transferred to the surviving siblings or parents. In the event that none of these people can be found, the courts will attempt to locate another family heir to collect the assets.

One important point is that, should you believe you are the legal heir to a deceased loved one’s assets (which were not mentioned in a will), the recommended course of action is to locate a probate attorney. These professionals have a thorough understanding of how the procedure works, and they can provide you with a good indication of your legal status. Also, you might wish to use a lawyer if you believe that you’ll be billed for any debts your relative had when they died, because this is another area that probate relates to.

However, prior to distributing the assets, a probate court will ensure that every debt of the deceased is settled. This might be dealt with in several ways, such as through the sale of particular assets. Hence, this is the reason why it is essential to use a lawyer, if you are searching for a specific asset owned by the deceased. A lawyer will know the most suitable way of approaching this, and will be able to stop the asset you wish to claim from being distributed elsewhere.

In the event that you are named as the will executor, you might be required to serve as the probate procedure’s personal representative. For this area of the procedure, it is vital that you use an attorney. This is because it can be rather complex and difficult to negotiate, without accurate legal advice.

Leave a Reply