What is the probate process?
The probate process in Florida is the legal process of settling an estate after someone passes away. It is a court-supervised method of collecting and gathering the deceased individual’s assets, verifying and paying any debts that are owed, and then distributing the remaining assets according to the deceased’s wishes as they are recorded in either a will or a trust. The probate process begins with the filing of a petition with the local court by either the executor of the deceased’s estate or an interested party. This petition is then reviewed by the court to ensure that the process will be carried out properly and that the assets will be distributed as the deceased intended. After that, the court issues letters of administration that grant specific powers to the executor so that they may take action on behalf of the estate. Next, the executor is responsible for collecting and organizing all of the assets of the estate including real estate, bank accounts, investments, and personal property. Valuation of the estate is then done to ensure all assets are taken into account and properly distributed. At the same time, any creditors and beneficiaries to the estate must be identified and located. Finally, all debts and taxes are paid, the estate is closed, and the remaining assets are distributed according to the provisions of the will or trust. The entire process generally takes between six months and two years to complete.
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