Mourning the recent passing of a family member is never easy. Aside from your personal grief, you must also make it through the legal process of probate. While this step can be emotionally challenging to manage, understanding how it works can be a great resource for you and your family.
In this blog, we will discuss Florida’s probate law and how its formal, court-supervised administration works.
What happens during probate?
Probate is the official process of authenticating a deceased’s last will and testament. Under court supervision, your loved one’s final wishes will be honored, and personal representative or “executor” administers their transfer of property. In this stage, they will begin to:
- Contact the deceased’s list of beneficiaries
- Notify the deceased’s creditors
- Identify the deceased’s assets and estimated values
- Settle the deceased’s outstanding bills, debts and taxes
- Distribute the deceased’s property to their heirs
- Close off the deceased’s estate by notifying the court
However, if your loved one passed away without a will, their probate process will follow a different path. Here, a court-appointed administrator will distribute their assets according to Florida’s intestate succession laws.
Under this law, your loved one’s distribution of assets will follow a hierarchy-based order of inheritance, where their family members will be the first in line to receive their probate assets.
Which types of property are exempt from probate?
Any property or assets placed in a living trust, life insurance policies, retirement accounts, real estate property with a valid transfer-of-death deed, and jointly owned property with rights of survivorship are exempt from probate.
Since these types of property have designated beneficiaries, they are transferred to the heirs and/or charitable organizations without the need of probate.
A lending hand in times of difficulty
If you are uncertain or feel overwhelmed by your loved one’s probate process, remember that it is okay to ask for assistance. With the guidance of a probate attorney, they can help you and your family prepare for the legal proceedings every step of the way.
