Understanding the Probate Process in Florida

by | Nov 19, 2019 | Lawyer

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Dealing with the probate process doesn’t have to be hard. If you have a good attorney in your corner, they will be able to make the process easier, and they will be able to help you understand what needs to be done to ensure that matters are handled correctly and according to the law.

File a Request

To get started, your probate lawyer in Fort Myers, FL, will need to file a request for probate in the area in which the deceased person lived at the time of death. During this process, you will also be required to submit the death certificate and the last will and testament that was made before death if one exists. You will then need to publish estate matters in the newspaper according to the court’s rules. Once this process is complete, a notice of probate will need to be sent to all of the heirs and beneficiaries of the will so that they know what is going on and that the estate was filed. You will then need to submit proof that you have done all of these steps correctly.

Handling Assets

A list of the deceased person’s assets will be drawn up, and if it is necessary, the assets will be appraised during this stage of the process. If the law requires, you will notify the state health and welfare office of the death. Once the assets are determined, your lawyer will take it from there until the court orders that distribution be made.

Meeting Your Duties

After all these steps have been done and you have settled all claims, you will be ready to distribute whatever is left. During this step, you will need to mail a notice of the final hearing to all the beneficiaries and heirs. This will need to be done by a certain deadline so the final hearing can take place. You will then transfer all the assets to the new owners and collect the receipts as proof that they received what is now theirs. The estate can then be closed.

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