Everyone owns assets during their life, such as bank accounts, real property or investment accounts. When someone passes away owning these types of assets in their own name it becomes part of their estate. Probate is the process of administering the deceased person’s estate by settling their debts and distributing the assets to the beneficiary’s that are entitled to receive them.
If a friend or relative recently passed away in Florida and you need help with administering their estate, then our attorney can help. Contact us today to schedule a free case evaluation (954) 999-9683.
Probate is a court supervised process of transferring legal ownership and title of the deceased person’s assets to the correct beneficiaries. The beneficiary may be designated in the deceased person’s will or (if they failed to create a will) by Florida statute. Probate in Palm Beach County, Probate in Broward County and Probate in Miami Dade County will all be supervised by a Judge who will ensure that the estate is settled – all debts must be satisfied prior to final distributions being made to the beneficiaries. This includes deducting fees from the estate such as attorneys’ fees and funeral expenses.
If the deceased had a will, then their will would have listed a person to become the personal representative. If there was no will, then the Judge will appoint someone to serve as the personal representative of the estate. The personal representative will file a petition for administration to begin the process. The judge will issue an order appointing the personal representative, letters of administration and an order admitting the will to the probate court (if one existed). The letters of administration will be used to open a bank account in the name of the estate. This account will hold the estate assets for the duration of the probate case.
The personal representative must settle all debts, prepare a final tax return, notify beneficiaries of their inheritance, and create an accounting of all estate assets, expenditures and probate related costs. Once all debts have been settled, the assets may be distributed to the beneficiaries. A probate attorney in Broward County can help assist the personal representative throughout this process. Our experienced attorney has been helping personal representative’s for almost a decade.