Probate Administration

When you lose a loved one, this can be a difficult time for you and your family. The legal process, unfortunately, doesn’t always provide the time necessary to grieve and heal – that’s where we come in. Our team of compassionate and experienced legal professionals will walk you through the probate process and ensure you get the closure you need.

Petition to Probate

We can help you initiate the probate process by petitioning the appropriate court. This action is a required first step in the probate process if the estate has to go through probate. During this step, all interested parties will be notified that the estate is considered open.

Appointing a Personal Representative

A personal representative needs to be appointed by the courts to oversee the execution of the estate. This person may already be designated within the estate and, as long as the selected representative legally qualifies, the courts will move forward with this designation.

They will be sworn in and required to act as a fiduciary for the estate. This means the representative must act exclusively in the best interests of the estate. These are commonly referred to as “executors,” but Florida guidelines refer to them as personal representatives.

Notifying Creditors

Before any of the assets can be distributed, the creditors who are still owed by your loved one who passed away will be notified. This gives them a three-month window to file claims against the estate. If they decline to file a claim then the process can move forward but any claims against the estate must be addressed and closed.

Verify Estate & Distribute Assets

Once the creditors and estate taxes are taken care of then the court will verify that the beneficiaries designated in the estate documents can accept the assets as defined. If there are disputes by interested parties over certain assets then those disputes will need to be resolved before the process moves forward. Once those disputes are sorted out then the assets can be distributed.

Close the Estate

The final step in the process will be closing the estate. This is a legal formality that the personal representative must work through which consists of a petition to discharge.

This can all sound a bit overwhelming and may take some time, but our experienced team can help you through the process so you can spend time with loved ones healing. Contact the Law Offices of Ray Garcia for peace of mind through probate. 

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