What Executors and Heirs Need to Know about Florida Probate

Florida probate is a legal process that involves settling the estate of a deceased person according to their will or state law. 

Probate can be complex, time-consuming, and costly, depending on the size and nature of the estate and whether there are any disputes among the beneficiaries. 

If you are an executor or an heir of an estate in Florida, you may have many questions and concerns about what probate entails. To help you, this article will explain some of the basics of probate and how to navigate this process with ease and confidence.

What is Probate and Why is it Necessary?

Probate is a court-supervised process that ensures that the assets of a deceased person are distributed according to their wishes or state law, that their debts are paid off, and that their taxes are settled. 

Probate is necessary for several reasons:

• To validate the decedent’s will and appoint an executor to carry out its instructions.
• To identify and locate the heirs and beneficiaries of the estate and notify them of their rights and interests.
• To inventory and appraise the assets of the estate and determine their value.
• To pay off any valid claims from creditors or other parties against the estate.
• To distribute the remaining assets of the estate to the rightful heirs or beneficiaries according to either the decedent’s will or state law.
• To close the estate and file a final accounting with the court.

In Florida, probate administration can be either formal or summary, depending on the value and complexity of the estate: 

• Formal administration is required for estates that are worth more than $75,000 or involve contested issues or special circumstances. 
• Summary administration is a simplified procedure for estates that are worth less than $75,000 or meet certain criteria such as being exempt from creditors’ claims or having no surviving spouse or minor children.

What are the Roles and Duties of Executors and Heirs in Florida Probate?

Executors and heirs play important roles in Florida probate and have different duties and rights.

An executor (also known as a personal representative) is a person who is appointed by the court to administer the decedent’s estate. The executor can be named in the will or nominated by the heirs or beneficiaries if there is no will or no named executor. The executor must be a Florida resident or a close relative of the decedent, unless they are a trust company or a bank authorized to act as an executor in Florida.

The duties of a Florida executor include:

• Filing the will with the court and opening the probate case.
• Posting a bond (if required) to ensure faithful performance of their duties.
• Notifying all interested parties of the probate proceedings.
• Gathering, managing, and protecting the assets of the estate.
• Paying any taxes, debts, and expenses using funds from the estate.
• Distributing the decedent’s assets to the heirs or beneficiaries according to the will or state law.
• Filing a final accounting with the court and closing the estate.

An heir is essentially a person who inherits from the decedent’s estate according to a will or state law.

The rights of an heir include:

• Receiving notice of the probate proceedings and any relevant information or documents.
• Contesting the validity of the will or the appointment of the executor if they have grounds to do so.
• Objecting to any actions or decisions of the executor or the court that affect their interests.
• Receiving their share of the estate after all debts, taxes, expenses, and claims are paid.

We Can Help You with Florida Probate

At Jurado & Associates, P.A., we understand that probate can be a daunting and stressful process for executors and heirs alike. That is why we are here to help you with every aspect of the probate process, from filing the will and opening the case to distributing the assets and closing the estate. 

We have the experience, knowledge, and skills to handle any probate matter, whether it is simple or complex, uncontested or disputed, formal or summary. 

We will guide you through the probate process with compassion and professionalism, ensuring that your rights and interests are protected and that the wishes of the decedent are honored. If you need help with probate in Florida, do not hesitate to contact us today. You can reach us by phone at (305) 921-0976, by email at [email protected], or by WhatsApp at +1 (305) 921-0976.