What Is Probate?

Probate is the legal process of administering a deceased person’s estate. This process typically includes:

1. filing the deceased person’s Last Will and Testament with the Probate court;
2. identifying and inventorying the deceased person’s property;
3. paying off debts including estate tax, if any; and
4. having the Last Will and Testament proved valid to the court.

The Probate process is usually handled by the executor or administrator of the estate, in Florida called the Personal Representative.

The first step in the Probate process is to file a petition with the court, which typically includes the original Last Will and Testament and other relevant documents. The court will then appoint the Personal Representative and issue Letters of Administration, which give that person the authority to act on behalf of the estate. The Personal Representative is responsible for identifying and inventorying the deceased person’s assets, paying any outstanding debts or taxes, and distributing the remaining assets to the beneficiaries. During the Probate process, the Personal Representative must also provide notice to the deceased person’s creditors, who have a certain amount of time to make any claims against the estate.

It is important to note that the Probate process can be costly, time-consuming, and complex, as it involves various court and legal fees, filing many kinds of documents, and giving notice to all parties who may have an interest in the estate of deceased person. In some cases, the estate can be settled without going through Probate, such as if the deceased person had a Revocable Living Trust or if their assets were held in joint tenancy. Additionally, some states have simplified Probate procedures for small estates which are less formal and require less court supervision.

Having a good estate plan in place can help you to minimize the Probate process and ensure that your assets are distributed according to your wishes after you pass away.

So How Can I Avoid Probate?

Have A Revocable Living Trust ! Talk to The Mendez Law Firm… an experienced East Orlando estate planning attorney about drafting a Revocable Living Trust for you and your family. A Revocable Living Trust, properly funded, is a very popular estate planning tool used to avoid Probate, and the delays and costs of Probate too. Your family and loved ones will thank you for having a Trust.

Call us at (407)380-7724 or Email Us TODAY at mail@themendezlawfirm.com. We’ll schedule your FREE, No Obligation, No Cost office conference or virtual Zoom conference to discuss your Family Estate Plan, and review other Probate avoidance options that may benefit you and your family.