Probate settles a deceased person’s estate through a legal process. This process ensures heirs receive assets and the estate pays any debts or taxes. Understanding the steps helps you navigate probate more effectively.
Filing the will and opening the estate
The probate process starts when someone files the deceased person’s will, if one exists, with the court in the county where the person lived. If no will exists, the estate becomes “intestate,” and Florida law decides how to distribute assets. The court approves a petition to open the estate and appoints a personal representative to manage it.
Notifying creditors and beneficiaries
The personal representative notifies all beneficiaries named in the will and any creditors who might have claims. This step ensures everyone with potential claims has a chance to respond. In Florida, creditors have 90 days to file claims after receiving notice.
Identifying and valuing assets
The personal representative identifies, locates, and values all assets owned by the deceased. These assets can include bank accounts, real estate, personal property, and investments. Assets held in a trust or with named beneficiaries avoid probate.
Paying debts and expenses
The estate settles any debts, taxes, and administrative costs before distributing assets. This process includes validating creditor claims and paying them from the estate’s funds. Florida law outlines the order for settling debts.
Distributing remaining assets
The personal representative distributes the remaining assets to beneficiaries according to the will or state law. The court reviews the process and formally closes the estate.
The probate process resolves a person’s financial affairs after death. This structured process ensures the estate pays debts and distributes assets fairly. Understanding each step helps families manage these tasks with greater ease and confidence.