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Seminole Probate Lawyers

Responsive Professionals to Lead You through the Probate Process

Probate is the process that handles the transfer of a deceased person’s estate, assets, and other belongings to their beneficiaries through a judicial proceeding. It’s spearheaded by a probate executor or administrator, who could either be named in the will or hired by the family.

By hiring one of our attorneys to serve as the probate administrator, you can grant yourself the proper time to grieve the death of your loved one while being assured that a professional who is fluent on the Florida probate process is handling everything. If you need assistance understanding and approaching the probate process, contact one of our attorneys in Seminole. We’re here to endure this journey together with you.

Contact Hill & Kinsella for a free consultation today.

What Does a Probate Executor or Administrator Do?

Establishing who is the personal representative is one of the first steps of the probate process, and this person can be either an executor or administrator. Both have the ability to act as a personal representative, but the terms executor and administrator, while similar, are not synonymous.

  • An executor is named by the deceased in their will to act as their executor
  • An administrator is not nominated in the will, but can be called on for assistance in probate

Regardless of how the personal representative comes to be, whether named or as a hired probate attorney, the responsibilities are as follows:

  • Apply for probate
  • Locate and verify authenticity of all relevant documents, such as the will, and present them to the court
  • Keep all parties involved notified, including beneficiaries and creditors
  • Pay outstanding debts and taxes of the deceased and their estate to appropriate creditors or tax agents
  • Maintain thorough and accurate records throughout the process
  • File final reports with the court to close the estate
  • Distribute the decedent’s assets to the appropriate heirs
  • Mitigate any problems throughout the process

The process requires careful attention and time that you may not be able to give while grief-stricken. Our attorneys will handle the complicated matters promptly and professionally, allowing you the time you need to cope with your loss.

What Assets Are Subject to Probate

In Florida, probate only applies to assets owned solely by the deceased. Typical applications of probate in sole ownership scenarios include:

  • Bank accounts in the deceased’s name alone
  • Investments in the deceased’s name alone
  • Physical property or real estate in the deceased’s name alone
  • Life insurance policy
  • Retirement account

These could be adjusted prior to one’s death to avoid probate, either by naming a beneficiary to whom the account will be payable on death, or by establishing trusts while drafting an estate plan. Doing so spares your beneficiaries of probate and ensures that assets pass smoothly to your loved ones. It also allows you to transfer your assets in the most financially sound way to minimize the costs to you and your heirs. Still, when probate is necessary, our probate attorneys are ready to take the lead and guide you through the entire process.

If you’ve recently lost a loved one, call our Seminole attorneys today for guidance through probate: (727) 240-2350.

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