There are certain areas of the law that can seem mysterious for our readers in Florida, and “probate” is one of them. In short, probate is the legal process by which a deceased person’s assets and debts are calculated, assets are marshaled, debts are paid and remaining assets are distributed to heirs and beneficiaries.
But, getting through this legal process is oftentimes a source of anxiety for those who must usher the cases through the probate courts.
Probate process overview
In Florida, there are a few different paths through the probate process. However, no matter if your path is formal administration, summary administration or even a proceeding called
“Disposition of Personal Property Without Administration,” the probate process can take its toll.
And, typically, the more assets a deceased person had – and the more valuable those assets – the more difficult a probate case can become.
First, of course, the probate case must be filed in the right court.
From there, it will be assigned and, next, preliminary steps in the case can be taken, such as determining whether or not the deceased person had a will – or if the will is even valid – and also determining the appropriate heirs and beneficiaries, whether named in a will or due assets under the intestacy laws of Florida.
And, some assets do not go through the probate process, like trusts or life insurance policy payouts. Any challenges to the proposed distribution of the estate assets must be addressed as well.
The deceased person’s debts must also be identified and, to the greatest extent possible, paid off from the estate’s assets. Only then, after a final accounting, can the remaining assets be distributed.