Understanding The Probate Process in Florida

When a person passes away, their assets must be disbursed according to their estate plan and, when applicable, state laws and probate. At Cuzmar Law, our probate lawyer in Florida helps executors of Wills or beneficiaries of an estate through the probate process. Starting with identifying estate assets and ending with the distribution of assets and inheritances to the beneficiaries. Contact us by either using the online form or calling us directly at 407-243-8993 to schedule a Case Evaluation Session and learn more.

Overview of Probate in Florida?

Probate is the process by which a deceased person's assets and belongings, known as their estate, are passed on to their heirs and successors. It depends on your jurisdiction, but most matters related to wills, estates, conservatorships, and guardianships are handled by probate courts.

Both the probate process and outcomes can look very different, depending on whether the decedent had a valid Will at the time of death.

The Early Stages of Probate

The probate process begins when the decedent passes away. A petition is filed with the proper court to have probate opened. The next step is to identify the executor or personal representative of the decedent's estate.

  • If there is a Will, an executor will likely be named in it.
  • If there is not a Will, a probate judge will nominate one.

Once the executor is approved or appointed by the court, the executor must:

  1. Notify the heirs;
  2. Publish notice for any creditors;
  3. Take inventory of the estate (e.g. bank accounts, retirement accounts, stocks and bonds, real estate, personal effects); and
  4. Secure all assets.

How probate proceeds depends primarily on whether there is a Will or not.

Probate with a Will

If there is no Will, the decedent is said to have died intestate. This does not mean their assets will not be inherited, it just means their property will pass to their heirs through their state's intestacy laws.

Once the executor has located all the decedent's assets and notified and paid the creditors, the probate judge will apply the state's laws of intestacy and distribute the estate to the decedent's heirs.

The End Stage of Probate

Once debt and bills are paid and the remaining assets are distributed, the executor will submit receipts and records of everything to the court. At that time, the executor will ask the court to close the estate and release the individual from the role of executor.

Do You Need a Probate Lawyer in Longwood, Seminole, Orange, or Brevard County?

Whether you need a probate lawyer depends on how well the estate plan was set up. Regardless, a probate lawyer offers important services that can help speed up the probate process. A probate lawyer can help with the:

  • Collection of proceeds from life insurance policies
  • Identification and securing of estate assets
  • Appraisals for the decedent's real property
  • Payment of bills, debts, and applicable taxes
  • Resolution of any income or estate tax issue
  • Preparation and filing of all documents required by a probate court
  • Management of the estate checking account
  • Transfer of assets to beneficiaries

Contact a Probate Lawyer in Florida Today.

We are here to help you with your estate plan so that it survives any challenge during probate. If you are the executor or beneficiary of an estate, we can also guide you through the probate process. If you have questions, contact Cuzmar Law either online or at 407-243-8993 to schedule a Case Evaluation Session with our estate planning lawyer today.

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Cuzmar Law Is Here for You

Estate & Legacy Planning, Probate, and Trust Administration serving Longwood & throughout Florida.

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Cuzmar Law is committed to answering your questions about Estate Planning law issues in Florida.

We offer a free consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Office Location

Cuzmar Law, PLLC
2101 W State Rd. 434, Suite 105
Longwood, FL 32779

407-243-8993