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  • Writer's pictureRubi Carranza

Understanding the Florida Probate Process

Updated: Oct 13, 2023

Probate is the legal process that takes place after someone has passed away. It is the process of distributing a person's assets, paying off debts, and resolving any outstanding issues related to their estate. The probate process can be complicated and time-consuming, but it is important to understand the steps involved in order to ensure that the deceased person's wishes are carried out and that the process is handled properly.

In Florida, the probate process typically begins with the filing of a petition for probate with the appropriate court. This petition must be filed by the personal representative, who is the person appointed by the court to manage the deceased person's assets and distribute them to the beneficiaries. The personal representative is typically named in the deceased person's will, but if there is no will, the court will appoint someone to serve in this role.


  • Once the petition for probate has been filed, the court will issue letters of administration, which give the personal representative the authority to manage the deceased person's assets. The personal representative will then be responsible for collecting and inventorying the assets, paying any outstanding debts or taxes, and distributing the remaining assets to the beneficiaries.


  • One of the most important steps in the Florida probate process is providing notice to the beneficiaries and other interested parties. The personal representative is required to notify all beneficiaries, creditors, and other interested parties of the probate proceeding, as well as provide them with an opportunity to object to the probate or contest the will, if there is one.


  • Another important step in the Florida probate process is the final accounting. The personal representative is required to file a final accounting with the court, which shows how the assets were distributed and any debts or taxes that were paid. The beneficiaries and other interested parties have the opportunity to review the final accounting and raise any objections or concerns.


It is important to note that the Florida probate process can be complicated and time-consuming, and it is always best to seek the advice of an experienced probate attorney. At Perez-Roura Law, we have the experience and knowledge necessary to guide you through the probate process and ensure that your loved one's wishes are carried out properly.


If you are facing probate in Florida, call us today at (305) 359-3888 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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