How the Florida Probate Process Begins

The Florida probate process begins after someone passes away. Probate is the legal procedure used to distribute a person’s assets, pay outstanding debts, and resolve remaining estate matters. While probate can be complicated and time-consuming, understanding each step helps ensure the process is handled correctly and that the deceased person’s wishes are honored.

The Role of the Personal Representative

In Florida, the probate process usually begins when a petition for probate is filed with the appropriate court. This petition is filed by the personal representative, the individual responsible for managing the deceased person’s assets and distributing them to the beneficiaries. In most cases, the personal representative is named in the will. If there is no will, the court will appoint someone to serve in this role.

Once the petition is filed, the court issues letters of administration. These documents give the personal representative the legal authority to manage the deceased person’s assets. At this stage, the personal representative is responsible for identifying and inventorying assets, paying outstanding debts and taxes, and distributing the remaining property to the beneficiaries.

Notifying Beneficiaries and Interested Parties

One of the most important steps in the Florida probate process is providing notice to all interested parties. The personal representative must notify beneficiaries, creditors, and other interested parties of the probate proceeding. These parties are also allowed to raise objections or contest the will, if one exists.

Another key step in the Florida probate process is the final accounting. The personal representative must file this report with the court, detailing how assets were distributed and which debts or taxes were paid. Beneficiaries and other interested parties may review the accounting and raise any questions or objections.

The Florida probate process can be complicated and time-consuming. For this reason, it is often helpful to work with an experienced probate attorney. At Perez-Roura Law, we guide families through each step of probate and help ensure their loved one’s wishes are carried out properly.

If you are facing probate in Florida, call us today at 305-570-3259 to schedule a consultation with one of our experienced attorneys. We are here to help you navigate the probate process and ensure that the process is handled properly.

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