When a client loses a loved one, one of the primary issues that they face is how to transfer title to the assets of their dearly departed. In most cases, whether they have a will or not, this will trigger the need for a probate estate to be opened in the County of the residence of the decedent. At Franco Wallace & Packer, PL we have a wealth of experience in assisting clients with the transfer of real estate property, including homested property, left by a decedent, as well as the re-titling or liquidation of other personal property such as automobiles, jewelry, stocks, bonds, annuities and bank accounts.

Some basic rules of probate are discussed in this practice area to answer some of the questions that you may have about Probate. The first question most people ask about probate inevitably involves the identification of the beneficiaries of the estate. If the decedent passed without a will, their property will pass as provided for in Chapter 732 of the Florida Statutes. If they left a will, that will must be deposited with the clerk of the Court within ten (10) days of their passing.

Once the question of whether someone died with a will (“Testate”) or without a will (“Intestate”) is answered, a Petition for Administration should be filed in the Probate Division of the Circuit Court of the county of residence of the Decedent. In preparing to file this document, the person who is appointed personal representative by the will, or in the case of an intestate estate, the person selected by a majority of the beneficiaries to serve as personal representative of the estate, must begin an extensive investigative process to ascertain all information available about the assets and debts of the decedent. This can be done by going through the decedent’s home and finding bank statements and bills, or even by going through a months worth of a decedents mail that will undoubtedly continue to flow in after their passing.

The Petition for Administration asks the Court to allow a probate estate to be opened, as well as to appoint a personal representative. The qualifications for someone to be eligible to serve as personal representative are set forth in the Florida Statutes. When the Court appoints a Personal Representative, it does so by issuing Letters of Administration.

Once Letters of Administration are issued, the Personal Representative is required to provide Formal Notice to all known creditors, as well as publish a Notice to Creditors for two consecutive weeks. This process begins the Creditorship Period, during which anyone who is owed money by the decedent must file a claim with the Court during the ninety (90) day period following the date of the first publication of the Notice to Creditors. Once claims are filed, they can either be accepted or objected to by the personal representative. If a claim is objected to, it could become the subject of an independent legal action, or litigation, which is discussed further in the litigation practice area section.

Once the creditorship period expires, the assets can be distributed, first by paying creditors of the estate and expenses of administration, and then to the beneficiaries. Once all the funds are distributed and assets are re-titled or sold, the personal representative prepares a final accounting of the inflows and outflows to and from the Estate, and files a Petition for Discharge in order to close the estate.

This paragraph is intended only to be a general summary of the probate administration process. Many estates have specific legal issues regarding exempt and homestead property, treatment of disputed creditor’s claims, will contests and other issues that must be addressed specifically by an attorney. If you have further questions regarding probate administration and how our firm can assist you, please do not hesitate to call us.