In the event of a death in the family, Florida law requires an attorney to execute the will. Under the court’s supervision, the personal representative gathers and inventories assets, pays debts and taxes, and (eventually) distributes what’s left to the people who inherit it. We can assist you through this difficult time in the execution of your loved ones estate.
Probate indicates that there is a court case that deals with:
• Transferring the property of someone who has died to the heirs or beneficiaries,
• Deciding if a will is valid, and
• Taking care of the financial responsibilities of the person who died.
In the event that someone dies without an estate plan in place, the court supervises the dispersal of the assets. This process, called probate, is necessary to pass ownership of the decedent’s probate assets to the decedent’s beneficiaries. If the decedent left a valid will, unless the will is admitted to probate in the court, it will be ineffective to pass ownership of probate assets to the decedent’s beneficiaries. If the decedent had no will, probate is necessary to pass ownership of the decedent’s probate assets to those persons who are to receive them under Florida law.
In these cases, the named personal representative of the estate is required to have an attorney to provide legal advice through the process. Our office can provide that service for you during this trying time.