| Probate is a legal process that takes place after someone dies. It includes:
- proving in court that a deceased person's will is valid (usually a routine matter)
- identifying and inventorying the deceased person's property
- having the property appraised
- paying debts and taxes, and
- distributing the remaining property as the will (or state law, if there's no will) directs.
Typically, probate involves paperwork and court appearances by lawyers. The lawyers and court fees are paid from estate property, which would otherwise go to the people who inherit the deceased person's property.
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After a death in the family some of the questions you will wonder about are:
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| · Should I keep paying the mortgage?
· How do I get the house in my name so I can sell it?
· How do I access a checking account or bank CD if not listed as a beneficiary?
· Is my homestead exempt from creditors?
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The first goal is to immediately get the estate administered by filing an action in probate court. You want an orderly transfer of assets that is consistent with Florida law and will not create inter-family problems in the future. While some family members may stake claims to certain assets and monies, it is important to administer the estate according to the Florida Code. You need an attorney who can do this for you, and also help you momentarily set aside the personal and emotional issues of dealing with an estate matter.
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In addition to assets, all debts need to be attended to as well. Even someone who has died cannot escape the obligation he or she may have had to creditors. Notices must be sent to those lenders and the State of Florida.
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If a loved one has passed away and is without an estate plan, time is of the essence. While you can handle personal matters, you need an attorney who can effectively handle the legal issues in probate court to ensure that assets are protected and the process is done properly.
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