Losing a loved one is hard, and a lot has to happen in a short amount of time.
One of the most significant legal factors is distributing the deceased’s estate to beneficiaries, heirs, and creditors. Probate is the process of examining a will, and at the Lopez Law Group, we can guide you through it with accuracy and care.
After a loved one passes, the purpose of probate is to minimize complexity and see the family through a smooth transition. It is specifically designed to protect the desires of the deceased and to give relatives a roadmap to honoring their wishes.
There is typically a legal process that must be followed during probate which is why it is a great idea to have an attorney present as much as possible. The basic steps include:
- Someone is appointed as the administer of the estate. If there is a will, it typically names this person who is then referred to as the “executor.”
- The will then must be proven valid in court. State law governs the probate process so following state requirements is essential to moving things along.
- The deceased person’s property is identified and inventoried. Nothing should be distributed or sold until probate is complete.
- All properties are appraised.
- Debts and taxes owed are paid.
- The remaining assets are distributed according to the will and decedent’s final wishes.
When there is no will, the process differs slightly.
In the event an individual dies without a will, it is called “intestate.” Florida has specific laws about the distribution of assets if there is no will. It can be subject to certain exceptions that may surprise some people. This is why it is critical to have the right representation by your side.
We know this can be a trying time for everyone involved. The Lopez Law Group fosters a deep dedication to their clients. We understand how emotionally and physically exhausting everything can be. If your family needs legal experts who will take the time to customize probate for you in Florida, contact us for a consultation today.