Probate is the process by which a will is proven and administered. This process is overseen by the courts. A decedent’s estate is typically required to be probated in the county in which the decedent resides at the time of the decedent’s death.
During the probate process, the court will, among other things, establish the validity of the will, determine who the Personal Representative is, ensure that the estate property is properly distributed and address any creditor claims.
Only those assets that are considered to be probate assets are required to be administered through probate.
Probate can be complicated and lengthy and there are many issues that may arise during the probate process. Matters may be further complicated in the event that a will is contested.
It is important that you contact an attorney who will assist you in understanding the probate process, evaluating your assets and determining which assets will be subject to probate administration. An attorney can also guide your personal representative through the required probate procedures, advise your personal representative regarding their legal obligations and represent your personal representative in all required proceedings.
What are the different types of probate administration?
Florida has established several types of probate administration: Formal Administration, Summary Administration and Disposition Without Administration. It is important that you choose the type of probate administration that is appropriate for the estate and follow the probate procedures required in Florida.
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