Losing a loved one is hard enough. The legal responsibilities that follow can add stress and confusion, especially during the probate process.
When a person passes away (who is referred to as the decedent in the context of estate law), it will likely trigger the start of the probate process. In Florida, probate is the court-supervised process of settling a deceased person’s estate.
If you have been appointed as a personal representative, you’re now responsible for handling everything from asset inventory to debt payments to distributing property. Working with an experienced probate lawyer can help you handle each step the right way and avoid mistakes.
Hiring a seasoned probate law firm legal team to represent you during probate can drastically reduce the chances of disputes occurring.
At The Law Offices of Matthew J. Jowanna, P.A., our Pasco County lawyers have extensive experience guiding clients through the probate process. We are prepared to put that experience to work for you in your case.
In some cases, a decedent’s estate may qualify for summary administration, which is a simplified probate process that does not require the appointment of a Florida personal representative. That said, to qualify, the individual must have a small estate (worth less than $75,000) and have been dead for over two years.
During summary administration, you will petition the court to order the distribution of the decedent’s assets to their beneficiaries. As long as the court agrees that the estate qualifies, it will issue an Order of Summary Administration, thereby granting permission for the assets to be distributed to the appropriate beneficiaries.
Even if your loved one’s estate qualifies for summary administration, you should strongly consider hiring a probate lawyer. They can help make sure to properly complete and submit all documentation.
The probate process is more involved than the Summary Administration. The first step of the probate process in Florida is to file a Petition for Administration, which will include the decedent’s will and other important estate planning documents.
Your Pasco County probate attorney can assist you in filing this Petition. From there, the court will issue a Letter of Administration, which will name the personal representative of the estate. If you are named as the personal representative, you and your attorney will need to establish an estate account. This account will be used at the end of the process to distribute the decedent’s assets to the appropriate beneficiaries.
Next, you will have to pay off any debts the decedent owed, as well as the relevant estate taxes, and take an inventory of assets held within the decedent’s estate. The inventory must be detailed. It includes the decedent’s house, as well as smaller items such as jewelry, clothing, and more.
Once you file the accounting with the probate court and the court confirms its accuracy, you can begin distributing the assets. These will go to the estate’s beneficiaries according to the decedent’s wishes.
As you can see, the probate process is document-heavy and quite involved, so it’s always best to proceed with an experienced probate attorney in your corner. Contact The Law Offices of Matthew J. Jowanna, P.A. today to schedule your initial consultation with our dedicated estate planning and probate law firm.
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