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The following article was published in our article directory on May 7, 2015.
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Know More about the Probate System in Florida (FAQs)

Article Category: Real Estate

Author Name: Robert Weglewski

What is a probate?

A probate is a legal process of identifying the assets and properties left by the deceased person. This court-supervised process is important in paying possible decedent's debts and allocating the latter's assets and properties to his or her descendants. The process should be in order. The first step must be paying the decedent's outstanding debts before distributing the remaining to his or her beneficiaries. You have to undergo the mentioned steps before conduction probate property sale procedure Florida.

Why is probate important?

Probate is a requirement in claiming one's inheritance. This is a legal process required before passing the ownership of the decedent's properties and assets to its descendants. After the deceased person left a valid and unquestionable will, probate property sale procedure Florida will follow. This procedure must include probate proceedings because without it, it will be unsuccessful to pass ownership of probate assets to the beneficiaries. With or without will, probate is necessary to pass ownership of the decedent's probate assets to those persons who are legally bound to receive them unless you inherited the house by deed.

Who are those persons involved in the Probate Proceedings?

The following are the important persons involve in the probate administration depending on the circumstances and facts of the situation:
Circuit court judge.
Personal Representative or Executor

Clerk of the circuit court in the county in which the decedent lived at the time of the latter's death.

A probate lawyer/attorney who can provide legal advice to the personal representative all through probate proceedings.

Creditors like credit card issuers and health care providers. They are those filing claims in the probate proceeding relative to decedent's debts incurred his or her lifetime.
Internal Revenue Service (IRS). This refers to the decedent's outstanding income taxes.

What are probate assets?

Probate assets can be properties or real estate that the decedent owned in his or her sole name at death. These assets can also be co-owned by the deceased person that may lack a provision for automatic succession of ownership at death. Probate assets can also be a bank account, life insurance policy, real estate, and others properties owned by the decedents. They are important in conducting probate property sale procedure Florida.

How long does probate take?

Florida probate can take weeks, sometimes even months. This depends on your current situation. A probate can take a week or so if the decedent has been dead for at least two years. The probate proceedings is fast and hassle free as long as you don't have any family conflict or issue and you have a good lawyer to process the court papers and probate property sale procedure Florida. However, if the decedent has just recently died, the probate may take more or less 5 months because you need to wait for atleast four months because of the necessary processes you need to endure.

Probate is necessary to clean up and distribute the decedent's financial affairs after his or her death. This will ensure the proper distribution and sale of the decedent's estate and properties that can help his descendants in probate property sale procedure Florida.

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