Probate is a process that involves the transfer of assets after a person dies. It is designed to ensure that beneficiaries and creditors of the estate are protected to the extent that assers are available. If a person dies without a plan (will or trust), then he or she is said to have died “intestate.” There are laws in place that then determine how to distribute this person’s assets. It often results in unintended results, but the laws exist to ensure that property will pass to heirs in a logical manner. If there are no heirs, the property will pass (escheat) to the state.
A person that planned for the future will at least have a will. When that person dies, he or she is said to have died “testate.” The will is reviewed by the attorney and submitted to the court along with several other documents. The probate clerk then reviews the filings, and a probate estate is opened. if the judge accepts the will, it is admitted to probate. The person named in the will is then appointed as the personal representative (executor). Letters of Administration are then issued, and the personal representative follows the instructions in the will and is guided by a probate attorney in following the law. In fact, an attorney is required in a probate proceeding in Florida.
Our attorneys help to make this process as smooth as possible. We are available to serve as trusted advisors in simple or complex cases. Call us today at 954-300-2521 or 888-83PROBATE (888-837-7622).