Probate is the process of transferring assets which are in the decedent’s sole name to the beneficiaries. The probate process requires notice to creditors to be published and known creditors to get formal notice. The publication time period is required to be ninety days from the date of first publication.
If your loved one died with a Last Will and Testament the probate process follows the instructions left in the Will. If there is no will the deceased is said to have died intestate. The estate will be settled and property will be distributed according to the Florida Statutes which basically follows bloodlines beginning with the surviving spouse, children, parents, then brothers and sisters. However, the facts of each case need to be fully analyzed.
There are different types of probate:
- Disposition without Administration –
- Summary Administration –
- Formal Administration –
Fees are usually based on the statutory guidelines (Fla Stat. §733.6171)
An average time for a probate is approximately six months, although the Court allows one year before having to file an extension.
Losing a loved one is a very emotional time. We can provide assistance answering the common questions:
- What kind of estate will I need?
- Do I pay bills of the deceased?
- Who pays for the funeral expenses?
- What happens to the bank accounts?
- How can I access the deceased’s residence and important papers?
You will want an experienced attorney, who provides personalized assistance, to interpret these Statutes and guide you through this process. I have that experience to assist and ensure that everything is done promptly and according to the law.
We offer a free initial consultation either by telephone or live in person. Call us today.