The Complete Guide to Florida Probate – 2023

Dealing with the death of a loved one is emotionally taxing. Yet, if you’re an executor of the estate, you have your work cut out as you’ll be tasked with handling dividing the estate and starting the probate process.

Probate is a judicial process of administering a last will or testament. It’s fairly straightforward, and even though it may result in litigation in select cases, the majority of probate proceedings are administrative. To put it differently, the court is there strictly to supervise the process and see to it that everyone involved meets legal requirements and that the wishes of the deceased individual are being fulfilled. 

While probate is easy to comprehend, dealing with it as an executor can be tricky, more so for those without the knowledge of the law. This is especially true if you inadvertently make small mistakes that can result in delays and some extra expenses for the estate, which means hiring a probate attorney may be necessary.

If you’re interested in learning more about the process, here’s what it looks like:

Filing The Petition

The probate process starts when the executor or the attorney files a Petition for Administration in the circuit court of the county where the deceased individual lived at the date of their passing. This document generally includes supporting papers, and more importantly, the will (if the decedent left one). 

Once the petition is filed, the court will issue a letter that confirms the petition has been granted. The usual timeframe for this is a month from the date of filing. 

The letter will also contain the name of the personal representative named in the will (the executor), thus giving them legal authority to act on behalf of the beneficiaries and the state. This individual is also responsible for notifying the legal heirs and beneficiaries of the will that the estate is opened.

Notifying The Creditors

Before the process of distributing assets can begin, it’s necessary to first settle any creditors’ claims against the estate. Keep in mind that to be paid, any creditor must file a claim with the estate. If they don’t, the court may relieve the estate of the obligation to pay off the debt. 

Legally, the personal representative must notify all creditors (known and unknown) that the estate has entered probate. This isn’t easy, and the personal representative must do their best to identify all the creditors. While notifying known creditors is as easy as sending a direct notice via the postal service, it may require some extra work for those who are unknown. 

To avoid legal trouble, it’s important to file a notice in the local newspaper to all creditors that the estate has been officially opened. 

What happens if you fail to notify creditors of the probate? 

The law is very strict and there are a variety of requirements for publishing and sending notifications. As such, many executors leverage the assistance of probate lawyers Florida.

Making an Inventory of the Assets

Next, the executor must make an accurate inventory of the descendant’s assets. Depending on the circumstances, this may be a fairly straightforward or time-consuming effort that takes months to complete. 

Without a doubt, the most important part of making an inventory is the valuation process. This is simple for liquid assets because establishing their value is easy. If the decedent had assets like artwork in their possession, it’s necessary to hire a professional appraiser. 

Once all assets have been accounted for and evaluated, the inventory must be filed with the court.

Paying Claims

If all creditors have been notified, the executor can start paying off any creditor claims as soon as the deadline for submitting claims has passed.

As a rule, these debts must be settled in cash. This isn’t always possible as some estates don’t have enough liquidity, in which case, the executor must liquidate or sell assets from the estate. 

This can be a touchy subject because not all beneficiaries will be happy to lose some of their assets. This is why hiring a probate attorney is the right thing to do, as legal professionals are well-equipped to handle any conflicts and resolve them within the legal framework. 

Along with paying off creditor claims, the personal representative must also resolve any outstanding tax debts that the decedent may have had.

Filing The Accounting

The last obstacle before the finish line is filing the accounting information with the court. These documents will contain the value of all assets and paid claims, as well as estate costs. All the accounting must be supported by records. 

Before the probate can move forward, the court must approve the accounting. In the event it’s inaccurate or incomplete, the process will grind to a halt as the court personnel will withhold the approval.

Distributing The Assets

Once the approval of the accounting arrives, the personal representative has the green light to distribute the assets in accordance with the will. 

When everyone gets their piece of the pie, the executor must file a request to be discharged from their obligations. This isn’t a formality and you shouldn’t treat it as such - it’s an important legal recognition that the representative has performed all their duties and that the estate is closed to further claims. 

That’s it - once the court approves this request, the estate is officially closed.

Avoid Trouble With The Probate Attorney From The Law Offices Of Mary E. King

While deceptively simple, the probate process consists of many tasks that may be too complex or overwhelming for most people to handle efficiently. First, any mistakes can be costly, and second, it’s easy to inadvertently cause extensive delays because of legal technicalities. 

To protect the estate and handle your duties with utmost perfection, consider hiring some of the best probate lawyers Florida has to offer - Law Offices of Mary E. King. 

With decades of experience under our belt and a close understanding of the emotions involved, we can help you navigate through even the most complex of probate proceedings. Our attorneys know exactly what steps to take to avoid potential trouble. In case trouble does arise, we will fight tooth and nail to protect the integrity of the estate. 

Use our contact form or dial 941-906-7585 and let an experienced probate attorney handle everything on your behalf.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.