We Want to Be There For You.
We Want to Be There For You.
We Want to Be There For You.
When a loved one passes away, there is a lot to think about. Not only do you have emotional grief and loss, but close family members must also arrange the funeral, burial, and other immediate proceedings. After all of this, you then have to think about the decedent’s estate – specifically, submitting the will to the probate court and dealing with estate administration.
Some estates are eligible for a shorter and simpler version of probate called summary administration. However, if the decedent has not been dead for two years or if the estate (minus the primary residence and debts) is worth more than $75,000, it is likely you will need to go through formal probate administration. You should seek help from an experienced Florida formal administration lawyer as soon as possible. At The Legacy Law Firm, we work with executors and personal representatives to guide them through this often complex and stressful process.
Formal administration begins with any person with interest in the estate filing a Petition for Administration. The petition should be accompanied by numerous documents and detailed information about the decedent, the estate, and more. If the deceased had a valid last will and testament, it needs to be submitted with the petition.
The probate court will review the documentation and petition, and if the will designated a personal representative, the court can issue Letters of Administration which give that individual authority to proceed in this role. If there was no will, the court will appoint someone to serve as the personal representative of the estate.
If no valid will existed, the property in the estate will be distributed in accordance with Florida intestate laws. If there is a will, it should instruct how the estate property should be distributed after debts are settled.
The personal representative will have many different duties during the probate process. These include:
The state Probate Code sets out the many duties of personal representatives, and the guidance of an experienced probate attorney is critical.
Personal representatives have a huge weight on their shoulders and the highest legal duty during this process – a fiduciary duty. Any mistakes can be costly and can cause delays and complications. If you are the personal representative of a loved one’s estate, you should spend this time grieving your loss instead of stressing over probate.
If you’re browsing this part of our website then you’ve likely lost someone you care about. First and foremost, please accept our deepest condolences. We understand this may be a difficult time for you and are here to help.
If you have any questions about your potential case, please feel free to either submit information through our free case evaluation form or give us a call at 954-999-9683. Our mission is to ensure that your focus is on yourself and your family – not the legal process. Let our team deal with the legal work.
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