Florida Probate Laws and Procedures

When a person dies without a last will and testament, any and all of the property and possessions will be seen by the law as any real estate holding, stocks, bonds, bank accounts, pensions, automobiles, furniture, jewelry and any life insurance or death benefits. The ones left behind by the death of that person have to deal with how things are distributed amongst the surviving relatives, sometimes without the money to consult a Florida probate lawyer. That is the very reason why states have laws that govern such cases, along with a specific branch of the court system dedicated to making sure that those laws are upheld. The state of Florida has such laws, as well as some unique features added for the protection of assets and to ensure fair distribution to all parties without fraud or influence.

A Florida probate attorney is knowledgeable with the ins and outs of the Florida probate system and is sometimes needed to make sure that the assets are where they should be going. They are educated extensively and must pass the Florida bar in order to practice probate law. There are certain steps that need to be taken in the event of a death. If there is a will in place, the probate court verifies that it is a valid will. In the state of Florida, a will is only valid if the creator of the will is over the age of 18, mentally and physically fit to make decisions. The signatures on the will must be done in the presence of the testator, creator, and two witnesses. Once properly signed, the will must then be submitted to the probate court for approval. Probate laws are in place to deal with any unforeseen problems and formalities associated with divvying out the decedent's estate.

In accordance with Florida probate laws, a Florida probate attorney or the executor of the estate must publish a notice in a newspaper in the area where the probated will has been filed. This is to notify any creditors that have prior claim to the estate, so they may place claims upon it. Any claims made against the estate must be filed with the probate court no more than three months from the notice publication date. The executor or administrator of the probated estate has to meet Florida probate qualifications to be considered the personal representative. Under the probate laws of the state of Florida, the court can appoint an administrator to be the personal representative. This only happens if a bank or trust company isn't approved by the Florida probate court. Banks, including savings and loans banks, and trust companies can be authorized to make financial decisions on behalf of the estate. Also, a trusted friend that resides in Florida or a closely related person can be considered a personal representative, as long as they meet the state qualifications.

The probate laws and process can be overwhelming for any single person to navigate. There is a need to file petitions, meet burdens of proof if contesting the will as a whole or in part, as well as handle any notices and hearings as part of the probate process. For this very reason, most people do decide to hire a Florida probate lawyer to help wade through the red tape and make it easier on those who have to deal with the death of a loved one.

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