How Does Probate work?

The probate process can simply be described as the legal proceedings required to transfer title of assets belonging to a decedent, into the names of the correct beneficiaries.  As a hypothetical, let’s assume your uncle passes away.  If at the moment of death, he had property held in his sole name, in order to transfer said property to the beneficiaries under his Will, you will require an order from a probate judge to re-title those assets.

While there are a variety of probate processes, the default route is via a “formal probate.”  A formal probate begins with a petition being filed in the probate court identifying the decedent, and identifying the alleged beneficiaries, either via a Will or intestate statutes.   Any interested person, usually a beneficiary or the nominated personal representative, can petition the court to appoint a personal representative who will act on behalf of the estate.  Once the court grants Letters of Administration and appoints someone to be the personal representative, the estate is initiated.

The personal representative will then proceed to perform the duties that Florida law requires. These duties include gathering probate assets and fling an inventory of the estate’s assets, determining who the estate’s creditors are and giving them notice, paying any debts and taxes the estate owes, and finally distributing the remaining assets to the appropriate beneficiaries.  The inventory is typically due within 60 days of obtaining the Letters of Administration.  The 90-day creditor period will be initiated by the attorney for the personal representative shortly after the appointment.  Only once the creditor period expires can final distributions be contemplated and the paperwork to close the estate be submitted.  The probate process is supervised by the court, but it is the appointed personal representative that does most of the leg-work on behalf of the estate.