Here’s the most basic point about probate: people usually try to make sure that their estate will avoid it as much as possible. Why? Well, the probate process can oftentimes be expensive and time-consuming, and likely seems like an unnecessary step to most heirs and beneficiaries. However, the fact is that many estates will need to go through the probate process. Understanding the basics can help Florida residents prepare for what needs to be done.
For starters, the will of the deceased person needs to be presented to the probate court. In most cases, there is little question as the will’s validity. However, in come cases, a will might be challenged, on grounds such as a lack of testamentary capacity or undue influence, for example. Those challenges need to be addressed, first and foremost.
The assets of the estate need to be marshaled, and debts tallied and detailed. Heirs and beneficiaries need to be identified, located and notified. When all the details have been addressed and all is correct in the view of the probate court, the assets can be distributed as directed by the will of the deceased person.
Of course, not all probate matters go so smoothly. Many can get complicated in a hurry, and emotions can run high with the people who are involved in these cases. At our law firm, we work with Florida residents who want help with the burden of ushering an estate through the probate process. For more information, please visit the probate overview section of our law firm’s website.