What Documents are Needed for Probate in Florida?

When a loved one passes away, their estate may go through probate. This process is overseen by your local court. Probate handles the gathering and distribution of the deceased’s assets. It’s important to understand what documents are needed for probate in Florida to ensure legal compliance.

Hire a Probate Lawyer to Help You Navigate the Process

Here at the Law Office of Douglas A. Oberdorfer, P.A., our team has been helping residents since 2003 navigate Florida probate laws. We offer comprehensive estate planning sessions with Mr. Oberdorfer. We also help families navigate the probate process after a loved one passes away. We assist in drafting documents, ensuring legal compliance, and helping carry out the wishes of the deceased.

The Role of a Personal Representative

Florida is a common place for Americans to raise a family and retire. The average age for residents was 42.6 years old in 2023. At this age, a person can have significant assets in their name. While mortality is difficult to think about, everyone will experience it, and their loved ones may go through the probate process to deal with their assets.

Between 2021 and 2022, 77,344 probate cases were filed in the state. In Florida, a personal representative can be assigned to handle probate. They can be named directly in the deceased’s will. If there is no will, the personal representative is appointed by the county’s court.

Probate is almost impossible for one person to handle alone. Be sure to hire a probate lawyer during this time to assist you. They’ll have the necessary experience to ensure legal compliance and meet deadlines.

Steps to Take During Probate

After a loved one’s death, your attorney can help gather necessary documents. These documents include:

• The death certificate
• The deceased’s will and trust, if applicable
• Financial statements
• Property deeds

A petition can then be filed with the probate court in the deceased’s county. The court reviews the will to confirm its validity.

Once probate starts, the personal representative must notify all beneficiaries and creditors. Creditors can include banks or credit card companies. They’ll have 3 months to file claims for any outstanding debts. The personal representative can then make a list of these claims to present to the court.

The personal representative then opens an estate bank account in which all estate funds are kept. Money from this account is used to pay court-approved debts, expenses, and court costs. After that, the personal representative must make an inventory listing everything in the estate. This includes:

• Real estate
• Bank Accounts
• Investments
• Vehicles
• Personal property and collectibles

Once all debts are paid, the remaining assets are distributed to beneficiaries. This is done in accordance with the will and Florida law.

Choose an Experienced Probate Lawyer in Florida

With decades of experience, Mr. Oberdorfer of the Law Office of Douglas A. Oberdorfer, P.A., is the obvious choice when it comes to handling the probate process. Contact our office today to learn how we can assist you during this difficult time. We value empathy and efficiency above all else and strive to make probate easy for our clients to navigate.