Process of all 3 probates
Investigate the accident and define your sustained injuries.
If a person pays for a loved one’s funeral expenses or personally paid for medical bills within six months of that persons passing, they can ask the Court to be reimbursed for said expenses from the Estate. This requires the drafting of a verified statement asking the Court to be reimbursed for expenses made on behalf of the decedent and attaching to it proof of bills that were paid. Once it is drafted, the individual will need to take the verified statement to the Court in the County where the decedent resided and sign the verified statement in front of a Clerk. Upon payment of a filing fee, the Clerk will file the verified statement and draft an order. Typically, a judge will sign the order within 30 days of filing.
In a Summary Administration, any interested person may file a Petition with the Court in the County where the person resided to begin the Probate process. In the Petition, the Petitioner will outline to the Court who all the beneficiaries are of the Estate (following either Florida Intestate Succession or a Last Will and Testament) and who the creditors of the Estate are, if any. Lastly, the Petition will include a distribution schedule of the Assets of the Estate. Upon filing of the Petition and an Order, a judge will review all the documents submitted. If satisfactory, the judge will sign the Order and close the file.
Formal Administration is a court process (Probate) that begins following a person’s death. During this process, a loved one or someone named in the Last Will and Testament files a Petition in the county where the person resided to be appointed as the Personal Representative. Upon taking an oath and potentially posting a bond if one is not waived, the Court will appoint that person the Personal Representative of the Estate and issue Letters of Administration. (Letters of Administration: This is a document signed by a judge and states who the Personal Representative of the Estate is.) Within 60 days from the date the Letters of Administration are issued, the Personal Representative will need to file an Inventory with the Court providing all interested parties a list of all assets of the Estate. At the same time, the Personal Representative will serve a notice to creditors on all reasonably ascertainable creditors and also publish a Notice to Creditors in a locally circulated newspaper for two consecutive weeks. Upon the expiration of the creditors period, the Personal Representative will pay all said creditors if not objected to. The last step the Personal Representative will do is to make distributions of the assets that are left based on Florida Intestate Succession or the Last Will and Testament.
Florida Probate services include:
- Explaining and navigating the legal process following the death of a loved one
- Postmortem Estate Planning
- Assistance with filing a Last Will and Testament
- Protection of your assets for your desired beneficiaries
- Legal guidance should you wish to contest a Last Will and Testament
- Legal representation for Florida Probate, Estate and Trust Litigation
- Formal and Summary Probate Administration
Estate and Trust Administration
Representation of the Personal Representatives