Settling an Estate in Florida – What Are the Steps?
Romy B. Jurado, Esq. ?
Attorney at Jurado & Associates, P.A., a Business, Immigration, Real Estate, Probate & Litigation Law Firm.
Settling an estate in Florida requires a lot of time and careful organization. If you are an executor or personal representative, the first thing you need to do is choose the right Florida Probate Attorney to represent you. At Jurado & Farshchian, P.L., you will find some of the most skilled and experienced probate lawyers in the State of Florida. Get in touch with us to learn more about our probate and estate planning services by phone or email today.
Below, we have put together a list of the basics steps for settling an estate in Florida so you know what you are required to do.
Gathering the Necessary Documents
The decedent’s last will and testament is the first document most people think of when it is time to open a probate case. However, probate courts require much more than that to open a case. In addition to the decedent’s estate-planning documents (if there are any) and the required forms, you need to provide bank statements, insurance policies, deeds, and any other documents relating to the decedent’s personal or business finances. Locating these documents, properly filling out the required forms, and filing the documents and forms with the probate court can be a stressful process. When you work with Jurado & Farshchian, we do this for you.
Notifying Individuals and Agencies
Once a probate case is successfully opened, the personal representative must notify any individuals or agencies the decedent had dealings with – such as creditors, utility companies, and banks – that the case is open. In addition, the personal representative must notify government agencies such as Medicaid, Social Security, and the VA if the decedent was receiving benefits.
Creating an Inventory of Assets and Having Them Appraised
In the majority of probate cases in Florida, the probate court requires a detailed inventory of the decedent’s assets. In addition, it may be necessary to have some of the assets – such as collectibles like baseball cards or comic books, cars, art, jewelry, antiques, etc. – appraised. Creating the inventory of assets and having them appraised is the personal representative’s responsibility. However, when you work with Jurado & Farshchian, P.L. we take care of it.
Paying and Collecting the Decedent’s Debts and Paying Their Bills
Settling an estate in Florida involves identifying the debts owed by and to the estate as well as any bills that need to be paid before beginning the process of distributing the assets to the beneficiaries. You need to pay all bills the decedent owed at the time of death as well as all debts but also seek out any debts owed to the decedent and collecting them so you can include that money in the inventory of assets. This can be tricky, so it is best to let us take care of it.
Distribute Assets to Beneficiaries while Settling an Estate in Florida
The final step in the process of settling an estate in Florida is distributing the assets to the decedent’s beneficiaries. Although the decedent’s last will and testament (if there is one) include detailed instructions regarding the distribution of the assets, it is the responsibility of the personal representative to follow those instructions and make the distributions. The process begins once the probate court approves the final distribution of the assets after all debts have been paid by the estate.
If you are a personal representative or executor and need help opening and settling an estate in Florida, give us a call at (305) 921-0440 or send us an email to [email protected] to schedule a consultation with one of our experienced Florida probate lawyers.
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