Expert Probate Attorneys Serving Fort Walton Beach, FL
We all know that the time will come when our loved ones or someone close to us will pass away. When this happens, it is necessary to be prepared to go through their assets, money, and property, see if they have a will or trust, and any other estate items needing to be distributed to the rightful beneficiaries or heirs. Seeking the help of a Fort Walton Beach probate lawyer is a good idea for guidance in the legal process of probate.
If there is a specific individual who is ready to take on these important tasks, the probate process begins, whereby the court determines to whom the estate items pass and what bills or debts need to be paid. Being that these tasks can be daunting at times, a Fort Walton Beach probate lawyer is here to help in the legal process.
Probate is essentially a process to “prove” the estate and will rightfully belong to those who are entitled to it. It will also prove who the creditors are, whose accounts belong to who, and resolve any objections that may be filed from heirs who contest or dispute the items in the estate. Once a personal representative or executor is chosen, they will be the sole person who will handle all these items.
How Is A Will Probated?
Probating a will is the legal process of validating and administering a deceased person’s estate. It ensures that the deceased’s wishes, as outlined in their will, are carried out properly. As an executor of the estate, you must first prove that the will is the last will of the decedent. The court will need proof of this. There are several ways to prove a will to be true.
Holographic Will
A handwritten, signed, dated, and entirely written document that is then looked at by someone familiar with the descendants' writing to prove that it’s true. There are no present witnesses and this is secondary to a lawyer's will.
The executor/administrator files a final accounting with the court, detailing all income and expenses of the estate. Once the court approves the accounting, the executor/administrator is discharged from their duties, and the probate process is complete.
The Necessity of Probate
When an individual passes away owning assets titled solely in their name (i.e., not held in a trust or jointly owned), the probate process becomes necessary to legally transfer ownership. In Florida, as in most jurisdictions, the probate court must appoint a personal representative (sometimes referred to as an executor) to administer the estate. This representative assumes control of the decedent’s assets, ensuring their proper distribution to the rightful heirs or beneficiaries. Without a designated personal representative, assets remain titled in the deceased’s name, creating a legal impasse. This can lead to complications, such as the state claiming the property to satisfy unpaid debts, or a complete inability to sell, transfer, or otherwise manage the assets due to a lack of legal authority.
The Role of a Fort Walton Beach Probate Attorney
A Fort Walton Beach probate attorney plays a crucial role in navigating the complexities of estate administration. If the decedent did not initiate probate proceedings, the attorney will file the necessary petition with the court, initiating the process and facilitating the appointment of a personal representative. In cases where the validity of the will is challenged (a will contest), the attorney will represent the estate’s interests and ensure a fair resolution. The attorney also manages creditor claims, providing legal notice to creditors, heirs, beneficiaries, and other interested parties as required by law. Furthermore, they handle the complex process of asset distribution. After debts, taxes, and expenses are settled, the attorney petitions the court for an order authorizing the final distribution of estate assets to the rightful heirs according to the terms of the will. While probate primarily focuses on assets held solely by the deceased, attorneys can also assist with non-probate matters, such as life insurance proceeds and annuity payments, ensuring these assets are properly distributed to beneficiaries. Their expertise is invaluable in ensuring a smooth and legally sound estate administration process.
Contact Our Fort Walton Beach Probate Lawyer Today
Probate law can be complex and demand many different difficult scenarios. Our Fort Walton Beach probate lawyer knows how to handle the legal probate process. We have the skilled, professional experience needed when your loved one passes and you are not sure what to do. Contact us today and we can discuss what your options are.