Tag Archive for: Probate

How Does Formal Probate Work In Florida?

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Formal probate is the legal process that is used in Florida to administer a deceased person’s estate when they have passed away with a valid will, or when they passed away without a will (intestate). Here are the steps involved in a formal probate in Florida:

  1. Filing the Petition: The probate process begins when a petition is filed with the probate court. The petition is typically filed by the personal representative named in the will or appointed by the court if there is no will. The petition must include information about the deceased person, their assets, and the names and addresses of their beneficiaries.
  2. Notice to Creditors: The personal representative must notify the deceased person’s creditors of the probate proceeding, and they must also publish a notice to creditors in a local newspaper. Creditors have a set period of time to make a claim against the estate, usually three months.
  3. Inventory and Appraisal: The personal representative is required to prepare an inventory of the deceased person’s assets and have them appraised. This is necessary to determine the value of the estate and to ensure that all assets are accounted for.
  4. Payment of Debts and Taxes: The personal representative must pay any valid debts and taxes owed by the deceased person or the estate.
  5. Distribution of Assets: After all debts and taxes have been paid, the personal representative can distribute the remaining assets to the beneficiaries named in the will or heirs at law if there is no will.
  6. Closing the Estate: Once all of the assets have been distributed, the personal representative can close the estate. This involves filing a final accounting with the probate court and obtaining approval of the accounting from the court.

The formal probate process can be time-consuming and expensive, and it’s important to work with an experienced probate attorney to ensure that the process is carried out correctly. An attorney can help guide you through each step of the process and can help you avoid potential pitfalls that could delay the process or lead to legal disputes.

Types of Wills in Florida

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There are several types of wills in Florida that you may want to consider as part of your estate planning process. Here are some of the most common types of wills in Florida:

  1. Formal Will: This is the most common type of will in Florida, and it is typically prepared by an attorney. A formal will must be signed by the testator (the person making the will) and two witnesses in the presence of each other. The witnesses must also sign the will in the presence of the testator. A formal will can be used to distribute your assets, name a personal representative (executor), and nominate guardians for minor children.
  2. Holographic Will: A holographic will is a handwritten will that is signed and dated by the testator but is not witnessed. In Florida, holographic wills are generally not recognized as valid, with a few exceptions such as if the will was created outside of Florida but is valid in the state where it was created.
  3. Nuncupative Will: A nuncupative will, also known as an oral or deathbed will, is a spoken declaration of the testator’s wishes that is made in the presence of witnesses. In Florida, nuncupative wills are generally not recognized as valid, except in certain limited circumstances such as for members of the armed forces who are on active duty.
  4. Self-Proving Will: A self-proving will is a type of formal will that includes a notarized affidavit signed by the testator and witnesses. This affidavit serves as evidence that the will was executed properly, which can make the probate process smoother and faster.
  5. Living Will: A living will is a legal document that outlines your wishes regarding medical treatment if you become unable to make decisions for yourself. A living will can specify the types of medical treatments you do or do not want, such as life-sustaining treatments.

It’s important to work with an experienced estate planning attorney to determine which type of will is right for you and your specific circumstances. An attorney can help ensure that your will is properly executed and meets all legal requirements in Florida.

 

Corona Virus Procedures

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The threat of Coronavirus to the older population and those with compromised immune systems or pre-existing conditions makes it extremely important to ensure that your Estate Planning affairs are in order and up to date. You should normally review your documents every 3-5 years.

Here is what we are doing as a firm to make sure you can get your questions answered and your documents done in the safest way possible:

1. We are keeping our office as sanitized as possible for those of you who make it into our office. The conference room is wiped down with Clorox wipes after every client, WHO approved had sanitizer spray is available ( 99% alcohol, 3% peroxide, distilled water, aloe vera, tea tree oil, vitamin E oil, and lavender oil) for use in our conference room.

2. We are waiving our Estate Planning consultation fee until June 1st, 2020 to remove any obstacles to you being able to get your affairs in order.

3. Phone or Facetime meetings are available by appointment if you do not feel comfortable coming to the office or are quarantined. If you are sick or symptomatic please stay home. We can arrange to send a notary to you or for virtual execution if necessary.

We are here to help you please call us at (727) 410-2705 to schedule a consultation.

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: calh@gate.net

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