YOUR TALLAHASSEE PROBATE ATTORNEY
Don't Go it ALONE - Contact Conticello Law Firm TODAY
FROM THE DESK OF YOUR TALLAHASSEE PROBATE ATTORNEY:
Did your husband, wife, spouse, or loved one recently die? Are you lost and not sure what to do? Do you think a sibling or third party might be misusing your parents or loved one’s assets for themselves?
If you answered yes to any of the above then YOU NEED a Florida Probate Attorney to help. But where do you start, who can you choose?
Call 850-888-2529 or email the Conticello Law Firm right now.
YOUR TALLAHASSEE PROBATE ATTORNEY IS ONE CLICK AWAY
If you are having a hard time talking right now, CLICK the RED BUTTON to call us, or fill out and submit the form that says “CONTACT US NOW.” A Tallahassee Probate attorney from the Conticello Law Firm will call you back. Let us be your probate attorney whether it is in Tallahassee, or anywhere else throughout the state of Florida.
Florida’s probate process is confusing and expensive. There are significant consequences if you go it alone, if you choose not to do anything, or if someone else begins to convert assets without going through the probate process.
The Conticello Law Firm handles regular Probate Administration and Summary Probate Administration for Florida residents. Our probate attorney also handles Ancillary Probate Administration proceedings for non-Florida Residents who passed away while owning real property (land, houses, etc.) in Florida.
CLICK HERE FOR FLORIDA ANCILLARY PROBATE SERVICES.
SO WHAT IS THE FLORIDA PROBATE PROCESS?
Your loved one has recently passed away. Many people are still grieving their loved one’s passing, yet decisions and responsibilities are piling up. If you are involved at this stage, then you are likely a spouse or family member, a close friend, a love one, or a beneficiary as designated by Florida law. The person who passed is referred to as the “Decedent”. There are a few different Probate processes and you should consult with the Conticello Law Firm to determine what fits your specific situation.
Florida Probate Process Step 1: Gather information
MY LOVED ONE JUST PASSED AWAY – WHAT DO I DO?
FIRST, take time that you need to grieve. Hopefully, your loved one has created an estate plan and told everyone where it is located. Once the fog has cleared a little it is time to begin gather things and information, such as:
Get in touch with the Decedent’s family members;
Get at least one (1) or more original government-issued death certificates;
Find out if the Decedent had an Estate Plan – such as a will or trust? Find the originals;
Notify life insurance companies; and
Call around and hire Professionals, such as a Florida Probate Attorney (see Step 3).
Florida Probate Process Step 2: If There is a Will - File It!
In Florida, the custodian of the Decedent’s Last Will has 10 days to file the original (executed) Will with the Clerk of the Court in the County having “venue” of the Estate. See Section 732.901, F.S. Venue, is usually in the County the Decedent is domiciled, or where property is located. A person’s domicile may be different than where they were “residing” at their time of death.
If someone has possession or custody of the will, they can be compelled to produce and file the will upon proper notice and petition to a Court with jurisdiction.
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Florida Probate Process Step 3: Hire Professionals
DON’T GO IT ALONE!!! Hire professionals like the Conticello Law Firm.
The Florida Probate Process is complicated. There are so many areas where specialized knowledge is needed. Anyone initiating the probate process or representing the estate might ultimately be liable for mistakes and errors made during the process. There are so many good reasons to have the right “team” in place.
Who should be on your Probate Team? It depends largely on the specifics of each matter.
At a minimum, hire a qualified Florida Probate firm like the Conticello Law Firm. Another important professional is an accountant (a certified public accountant is preferred). If the value of the estate has federal or state tax implications, engaging professionals that specialize in taxable issues. An asset search company might need to be engaged to locate hidden assets. An appraisal and estate auction company could be vital to log and sell personal property. A real estate agent would be helpful if there are one or more pieces of real estate owned by the Decedent at their time of death. They can provide proper valuations, list, and sell the property.
Florida Probate Process Step 4: Make Decisions
After your Florida Probate Attorney is hired (hint – the Conticello Law Firm), then decisions will need to be made in order to prepare the Petition for probate. Some decisions in this portion of the Florida Probate Process would be to make decisions such as: what person or people are qualified and should be the Personal Representative or Executor of the Estate, what assets are “exempt” and “non-exempt”; what “venue” is appropriate for the Petition for Probate to be filed; can this be a Summary Probate Proceeding; how do we handle it if the Decedent owned land or property in different states at their time of death; and a myriad of other decisions to be made.
Florida Probate Process Step 5: File the Probate Petition
In Step 5 of the Florida Probate Process, the Probate Team is already hired and the initial decisions are made. Now it is time to file the Petition for probate. Once the Petition is filed, this signifies the official opening of the probate process. The Court takes jurisdiction over the Decedent’s Estate.
Florida Probate Process Step 6: Identify the Executor or Personal Representative of the Estate
In this phase of the Florida Probate Process it is time to designate a Personal Representative or Executor to make decisions and take actions on behalf of the estate. The Decedent may have nominated one or more individuals or companies to act in this capacity. Florida law might need to be followed, if the designated people refuse the role or they are not available to serve. If the will is silent, or if there is no will, then the Court may ultimately be tasked to assign a person or company to take this responsibility.
With proper planning, this decision can usually be made prior to the filing of the Petition for Probate. However, sometimes there may be more than one person who wants to represent the Estate, or there is a legal question as to who may serve.
Florida Probate Process Step 7: Provide NOTICE of the Probate
The Personal Representative must now provide notice of the Petition for Probate to all interested parties, including creditors, potential heirs, and beneficiaries. Properly providing notice to creditors is imperative as it triggers a time frame and deadline, as to when a creditor must submit a “claim” to the estate.
Florida Probate Process Step 8: Pay and Do Things (Debts, Taxes, and Final Expenses, Etc.)
Depending on the specific estate, this portion of the probate process might take weeks, months, or longer. If claims are filed, the Estate and the Court might need to litigate over what outcome they desire. The Estate will have to deal with a myriad of issues before the Court will conclude the proper distribution of the Estate assets. The Personal Representative may petition the Court to designate certain property as “exempt” and not subject to creditor claims. Government healthcare providers might seek to recover for healthcare services they provided to the Decedent prior to their passing. This is also a time when family members might step in to challenge the will, or make their existence known to others for the first time.
Florida Probate Process Step 9: Distribution of Remaining Assets
The Final phase in the Probate Process happens after all debts, taxes, and expenses are paid by the Estate. Just before the Court closes the Probate Proceedings, the Personal Representative will request that the Court for permission to distribute the remaining assets to the Estate Beneficiaries which were designated in the Decedent’s Will or as required to by Florida’s intestacy law.
It is at this time that the Probate Proceedings will be closed.
YOUR TALLAHASSEE PROBATE ATTORNEY
Don't Go it ALONE - Contact Conticello Law Firm TODAY
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