Seminole Probate Attorney
The loss of a loved one carries a number of emotional, financial, and legal obligations. This often includes the need to administer the deceased individual’s probate estate. Probate is a court-supervised process for identifying and gathering a decedent’s property. These assets are then used to pay the final expenses of the deceased, with any remaining property distributed to their beneficiaries or heirs-at-law.
Many people find themselves overwhelmed by the probate process, especially if they have never been through an estate administration before. This is where our Seminole probate attorney can help. Knudsen Law is a full-service Florida estate and probate firm that assists those responsible for administering estates in carrying out their duties under the law.
The Basics of Florida Probate
A common misunderstanding about probate is that it automatically applies to everything a person owned during their lifetime. In fact, probate only applies to “probate assets.” A probate asset is any property, or interest in property, that the decedent owned in their sole name at death. Probate assets do not include any property that provides for automatic succession of ownership at death.
For example, if you own a checking account in your sole name, that is a probate asset. But if you have a joint checking account with your spouse, that is not a probate asset, as your spouse would automatically succeed to full ownership of the account upon your death. Similarly, any asset that has a “payable on death” beneficiary, such as a life insurance policy or retirement account, is generally not considered a probate asset, as that property is simply turned over to the named beneficiary.
In some cases, a person may not actually have any substantial probate assets at death, in which case a formal administration is usually unnecessary. Where formal probate is required, however, a Florida court will appoint a personal representative to oversee the estate. The personal representative is a person named in the decedent’s will, or if there was no will, then a close family member who has priority under Florida’s intestacy law.
Once appointed, the personal representative must:
- identify and gather the estate’s probate assets;
- accept or reject any claims presented by the decedent’s creditors;
- pay any expenses of administering the estate itself;
- file and pay any final taxes owed by the decedent or the estate;
- prepare a formal inventory and accounting of the estate for the probate court; and
- distribute any remaining estate assets as provided in the decedent’s will or according to Florida intestacy law.
Reach Out to a Seminole Probate Lawyer
Depending on the size and complexity of an estate, probate can take anywhere from a few months to more than a year. It is therefore critical to work with a qualified Seminole probate attorney who can guide you through each stage of the process and help to ensure that all legal formalities are followed. So if you are involved in a Florida probate estate and need legal advice and representation, contact Knudsen law today at (727) 398-3600 to schedule a consultation.
