Probate can be highly complicated, owing to the many needs and responsibilities of the various parties involved. You should always discuss your case with an expert probate attorney to avoid making a mistake and losing your rightful inheritance.
You may be feeling devastated if a loved one passed away unexpectedly. Although nothing can bring your loved one back to you, the Santa Rosa Beach Beach Probate attorneys at Moorhead Real Estate Law Group can help relieve some of your burdens.
What is Probate?
Probate is the legal procedure through which a court confirms the validity of a deceased person's will or finds that he or she died without one. The court also appoints someone to manage the decedent's assets and settle any outstanding debts after he or she passes away.
When an individual dies and someone steps forward to commence the probate procedure with the court, the probate process begins. When a person dies and leaves a will, the will generally names an executor, who is legally responsible for the deceased person's remaining affairs and financial duties, such as paying bills and distributing property. In most cases, the executor specified in a will is the one who initiates the probate procedure.
If a person dies without a will, or if the executor is unable to carry out his or her duties, a family member of the decedent generally requests the court to be appointed as the executor of the decedent's estate. In probate court, the terms "executor" and "administrator" are used similarly.
Probate Process in Florida
Probate may be a difficult procedure. It might take months or even more than a year to finish. A probate court will be involved in the procedure, which will necessitate numerous hearings. These can take place in person or over the phone in a courtroom. A probate attorney can represent you and appear on your behalf throughout the procedure.
One of the first things an executor must do is take control of the estate's assets. This means the executor must determine how the estate's residences, automobiles, and other property will be cared for. Everything must be safeguarded from damage or theft, and insurance must be kept updated.
The estate must also be inventoried by the executor. For bigger estates, this might be difficult, particularly if the executor was not close to the individual who died. A probate attorney can assist you if you have been assigned to taking inventory of an estate.
An executor is also in charge of the estate's distribution. This might be problematic if certain beneficiaries are hard to locate or if the estate is being challenged. To ensure that the executor completes all of the probate procedure responsibilities, it's preferable to work with an experienced probate attorney.
Get Help When You Need It Most
This is already a stressful time for you and your family, undoubtedly. And if you are unfamiliar with the probate process, it can add to challenges you are currently facing. Our experienced, compassionate, and trusted probate attorneys can take the pressure off you so that you can get through this difficult time. Contact us at (850) 608-0112 or fill out our convenient online contact form.
Rights of the Creditors
Another responsibility of the executor is to manage any debts that may exist after a person's death. Liabilities may be addressed in a will, or state law may stipulate which debts must be paid first. If an estate does not have enough funds to satisfy all debts, the executor is required by law to determine which debts must be paid first.
Before the distribution of estate funds to beneficiaries, certain creditors have rights to the funds. The majority of creditors have four months following a person's death to file a claim against the estate. A creditor's right to payment from the estate may be forfeited if they do not claim within the required time frame.
To ensure that estate funds are dispersed appropriately, both executors and creditors should consult with a probate attorney. Our Santa Rosa Beach Beach Probate attorney can assist you if you have issues regarding how creditors should be paid or where cash should be moved from.
Avoiding Probate in Florida
The probate procedure is unduly onerous, time-consuming, and costly for many families. Fortunately, not all estates need lengthy probate processes. Small estates, for instance, can benefit from a standardized, simplified probate system. Using trusts, joint tenancy, and other estate planning options, other estates can avoid or reduce the need for probate
For more information on how to avoid probate, call a probate lawyer at our Law Office in Santa Rosa Beach Beach.
Our Santa Rosa Beach Beach Probate attorney can assist you in determining the scope of your estate, determining and explaining your alternatives, and guiding you through the estate planning phase.
Assets that are not subject to probate
By operation of law, property that the decedent did not own individually becomes a non-probate asset. Real estate is a frequent non-probate asset since it can be owned jointly with the right of survivorship, which means that when one of the owners dies, the deceased person's stake transfers to the remaining owners, bypassing the probate procedure entirely.
Contact our Santa Rosa Beach Beach Probate Attorney
Probate may be a time-consuming and expensive procedure. Our Santa Rosa Beach Beach Probate attorneys are familiar with Florida probate laws and can help you navigate the procedure easily. Contact the Moorhead Law Group for further information.