What are the Steps in the Florida Probate Process?

When a loved one dies, you are not only dealing with the grief but also the process of settling their estate. This is called probate, and it is not anyone’s idea of fun. It is a long, drawn-out process that can also be costly.

Probate is not something you want to handle on your own. There are a ton of steps involved. While a judge will preside over the proceedings, you still want someone on your side to guide you because the average person does not know what to do.

The Florida probate process involves many steps. Here’s a look at them in more detail.

Filing the Petition

A petition is filed with the probate court in the county where the decedent lived. The court appoints a personal representative, also known as an executor, and officially opens the probate estate.

Notifying Interested Parties

Heirs, beneficiaries, and other interested parties are notified of the probate proceedings. A Notice of Administration is served to give them an opportunity to contest the will.

Issuing Letters of Administration

The court issues Letters of Administration, giving the personal representative legal authority to act on behalf of the estate, such as collecting assets and paying bills.

Inventorying the Estate

The personal representative identifies, gathers, and values the decedent’s probate assets. They then file a detailed inventory of all the property.

Notifying Creditors

A Notice to Creditors is published in a local newspaper, giving creditors 90 days to file claims. Known creditors must be directly notified. The executor must also conduct a diligent search to locate “known or reasonably ascertainable” creditors and notify them that they must file a claim.

Paying Debts and Expenses

Valid creditor claims and funeral expenses are paid from the estate’s funds. The executor must also file tax returns and pay any taxes due. Anyone who assisted in administering the probate estate, such as attorneys, certified public accountants, appraisers, and investment advisers, must also be paid. If the estate is insolvent, the court prioritizes who gets paid first under Florida law.

Distributing Assets

Once debts and expenses are settled, the remaining assets are distributed to beneficiaries according to the will. If the decedent had no will, then assets are to be distributed in accordance with Florida’s intestacy laws.

Closing the Estate

The personal representative files a final accounting and a petition to discharge the estate. Once the court approves, the personal representative is relieved of duties, and the estate is officially closed.

Contact Us Today

Closing out a deceased person’s estate is not an easy task. Probate comes with a lot of steps.

You do not want to miss any steps or make any mistakes. That is why you need West Palm Beach probate attorney Brian K. McMahon, P.A., on your side. Schedule a consultation today by filling out the online form or calling (561) 658-1789. We serve the West Palm Beach, Boca Raton, Port St. Lucie, and South Florida areas.