Probate Overview

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We are now offering probate services to help you through the often complicated process and settling estates with care and compassion and as efficiently and quickly as possible!

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Understanding the Probate Procedure

Short reads to help you understand how probate works.

What is Probate?

Probate is a legal process that takes place after one has passed away and is most often a necessary process unless proper estate planning is put in place to avoid it. When probate is needed, a personal representative for the estate will need to present to the court the beneficiaries, the assets, and the debts. Once all the formalities are completed, the judge will approve the available assets to be transferred to the heirs.

You appoint your personal representative on a will. If there is no will, anyone can petition the court to be a personal representative of the estate, but ultimately the judge will need to approve the appointment.

While this is an uncomfortable and unfortunate issue to have, Grimaldi Law firm handles probate cases with the utmost sensitivity and care for all parties involved.

Type of Probate Files our team can assist with:

Summary Probate Administration

Ancillary Probate Administration

Formal Probate Administration

How soon do I have to apply for Probate?

If probate is required, the asset will be stuck. In other words, you won’t be able to sell or rent their property or withdraw funds from their bank accounts. Also, you won’t be able to distribute any assets to the beneficiaries.

Therefore, generally, the sooner you file for probate, the better it is to be able to preserve and protect that asset.

Top Tips for Probate

YOU NEED A GOOD LIST

A list will help you manage the estate. For each asset of the estate, you need to confirm its value as of the date of death. All liabilities need to be identified. A good list will help you to keep track of where you’re up to and make sure that you’ve dealt with everything.

KEEP ASSETS SAFE

KEEP ASSETS SAFE Remember that you are responsible for all the physical assets – once you have identified them, you need to know where they are and keep them insured and secure

IT’S ALL ABOUT THE MONEY

The probate process is about dealing with the property and assets of the deceased. It can’t help with deciding who should have assets of sentimental value.

IT TAKES TIME

Probate can take anywhere from 6 to 12 months in the state of Florida so pack your patience.

THE LAW IS THE LAW

The job of the personal representative is to deal with the estate in accordance with the law – either following the Will or, if there is no Will, the intestacy rules. Unless the Will specifically prescribes it, there is no space for the personal representatives to exercise their own discretion as to who gets what, however unreasonable this may seem. The beneficiaries may agree to deal with the estate differently and if they are all of age this can be done with the proper paperwork. Anything the deceased may have said or written that contradicts the Will is of no importance unless it was signed by the deceased and witnessed by two people.

STAY OUT OF A DISPUTE

If there is a claim against the estate or a dispute between beneficiaries, the role of the executor or administrator is to let the people who are affected fight it out or come to an agreement and then distribute the estate in accordance with that agreement. It is not the role of the executor to defend the estate.

Give us a call to learn more about how Grimaldi Law Firm can help.

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