In this article, you can discover…
- The process of probate, and how it can impact beneficiaries.
- How debts and taxes are handled during probate.
- How an attorney can help you handle conflicts or estranged family during probate.
How Does The Florida Probate Process Typically Begin?
When a person passes away with a will, the personal representative of their estate must file a petition and submit the will itself to the County Clerk’s office within 10 days of their death. Typically, the decedent will have selected a personal representative ahead of time.
If they did not name a personal representative, a surviving spouse, child, or other family member will serve that role. Probate allows the will to be contested, debts to be paid, and other issues to be resolved before assets are finally distributed.
The probate process can be expensive and complicated in some situations, and it is best to avoid the process by employing trusts rather than wills in your estate plans.
What Assets Are Exempt From Probate In Florida? Will All Of My Property Go Through The Court After I Pass Away?
In Florida, assets with a co-owner, assets that have paid-on-death beneficiaries (such as life insurance policies and bank accounts), and assets that are held in trust are typically exempt from probate and can skip the lengthy process.
How Are Debts And Taxes Handled During Probate In Hillsborough County?
While final expenses such as funeral costs, burial, or cremation are generally the surviving family’s responsibility, they are not liable for your debts. Instead, once probate is filed, creditors have 90 days to file a claim against the estate to collect on debts they are still owed.
Florida does not have estate taxes. However, federal estate taxes may need to be paid, depending on the size of the estate.
How Long Does The Probate Process Typically Take In Florida?
It depends on the type of probate. A simple summary administration can usually be resolved within six months. A formal probate can take longer, up to a year or more. The length of time probate takes may also depend on other factors, such as whether disputes arise with creditors.
How Can A Hillsborough County Probate Attorney Help Me Expedite The Court Process In Florida?
The best way to expedite probate is to simply avoid it altogether. If you go through probate, there are certain things that must be done, and there is no way to skip those steps. An inventory must be made of your assets, your estate’s representative must file a petition with the court, and notice of your death to creditors must be published.
All of this will take time. Probate does not move along quickly, and the best way to expedite the process is to avoid it altogether. You can do this by using a trust instead of a will and making sure that all of your plans are in order.
As A Florida Estate Planning Lawyer, How Do You Handle Probate Cases Involving Estranged Family Members Or Potential Conflicts?
During probate, an attorney represents the executor or the personal representative of the estate. This attorney does not have to represent all family members, and individual family members will often have their own attorneys, especially if the family is estranged.
Ideally, conflicts are resolved amicably, but in case of disagreements, beneficiaries who contest the decedent’s will are represented by their own separate lawyers who speak for their interests. Consequently, resolving probate this way can take time.
Still Have Questions? Ready To Get Started?
For more information on Working With A Probate Lawyer In Hillsborough County, FL, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (321) 205-9467 today.
