Losing a loved one is a difficult time filled with grief and the burden of handling practical matters. If you’re tasked with managing a loved one’s final affairs, you might encounter the term “probate” when attempting to do things like sell a house or access their bank accounts. If this term seems unfamiliar or confusing, you’re not alone. Here’s what you need to know.
Understanding Probate
Probate is a court-supervised legal process designed to settle an individual’s final affairs after they pass away. It involves tasks like:
- Validating the Will:Â If there is a will, probate court ensures it’s valid and reflects your loved one’s final wishes.
- Identifying and Inventorying Assets:Â All assets, including real estate, bank accounts, investments, and personal belongings are accounted for.
- Paying Debts and Taxes:Â Any outstanding debts or taxes owed are settled from the deceased person’s estate.
- Distributing Assets:Â Whatever remains in the estate is distributed to heirs according to the will or state law if there was no will.
Why Probate May Be Necessary
Probate isn’t always required, but if your loved one owned assets in their name alone, it will likely be necessary. Probate validates your authority to manage those assets on the deceased person’s behalf.
The Probate Process in Florida
While the basics of probate are generally the same, specific procedures can vary by state. In Florida, an attorney usually files a petition with the court to open a probate proceeding. Once appointed by the court, a personal representative (or executor) will oversee the administration of the estate.
Get the Help You Need
The complexities of probate can feel overwhelming, especially during a time of grief. The compassionate attorneys at the Law Offices of Laurie E. Ohall are experienced in all aspects of Florida probate. We can guide you through every step, offering personalized advice and ensuring your loved one’s estate is settled efficiently and in accordance with their wishes.
For assistance getting started, simply call our law firm at (813) 438-850. We are here to offer support and clarity as you navigate your way through this process.