Probate is the Court process required for distributing a deceased person’s property.

The decedent’s property (estate) is distributed according to the law and to the instructions provided in their will, after the will is shown to be valid. A deceased person without a will is said to be “intestate”. Intestate proceedings distribute the decedent’s property according to state laws of intestate succession. With or without a will, a deceased person’s estate must be settled and distributed (“probated”). It is a legal
process. Here are just some of the steps involved:

The Will is filed with the Court. Florida law requires that anyone who has possession of a will must file it within 10 days of the death of the testator with the circuit court that would have jurisdiction over a probate proceeding for the decedent.

With or without a Will, the process is initiated by filing a “Petition for Probate” with the probate court that has jurisdiction and venue for the case.

Personal Representative. The Personal Representative swears under oath to the court that they will distribute the decedent’s assets according to law. The personal representative is responsible for handling and distributing the estate. Some Florida jurisdictions require the personal representative to obtain a
probate bond.

Once the Court is satisfied that the personal representative has met all the requisite requirements, Court orders of appointment and letters of administration are issued by the judge presiding over the case.

Though local requirements vary, notice of administration is the next step. Notice is meant to give those with a legitimate interest in the estate knowledge of the proceeding.

The Court requires an inventory of the estate. An inventory should include real estate, personal property, bank accounts, etc.

A decedent’s estate is responsible for their debts and taxes. Very large estates may also be subject to the federal estate tax. Florida does not impose an estate tax, but a few states do.

Florida has specific laws that may exempt a decedent’s homestead property from creditor claims. This is an important factor in the case analysis.

After the debts and taxes are paid and the creditor period has run, the remaining property can be distributed to the heirs. Again, this will be done according to the decedent’s will if one exists or according to state laws of intestate succession if one does not.

Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.