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Home >> Navigating the Process: St. Lucie Probate Court Essentials

Navigating the Process: St. Lucie Probate Court Essentials

November 3, 2016 by Robert Kulas.

It’s easy to be overwhelmed by the Florida probate process when you don’t have the information you need to properly understand the proceedings. Here are some essentials about the St. Lucie probate court process that you need to know.If you’ve recently had a loved one pass away and find yourself involved in the settling of his or her estate, then chances are that you’re getting an opportunity to experience the probate process on a first-hand basis. For many people, probate can be an intimidating process that is made more complex by the fact that they’re already enduring the grief that occurs whenever beloved family members die. The good news is that probate is not nearly as complicated as it can sometimes seem. For Florida residents, sometimes all that is needed is a better understanding of the St. Lucie probate court essentials.

What is Probate?

Probate is the process used to gather a decedent’s assets, resolve outstanding debts, and pass on inheritances to heirs. In Florida, the usual order of debt priority involves paying probate costs first, and then settling debts. The remaining assets in the estate are then distributed in accordance with the deceased’s will, or as directed by the state’s intestacy laws in cases where no will exists. Probate comes in two types: the formal administration or summary administration. In addition, some estates may qualify for a non-court process known as Disposition of Personal Property without Administration.”

What Assets are Subject to Probate?

It’s important to recognize which types of assets must go through probate. Those assets include any belongings that are owned in the decedent’s sole name, or otherwise have no alternative legal mechanism for transfer of ownership after death. That includes things like bank accounts that are only in the deceased’s name, life insurance or annuities that lack beneficiary designations, sole-ownership real estate properties, and similar assets.

Why are Wills Important?

The will is an important part of many probate proceedings, as it is the signed expression of the deceased’s last wishes for his estate. It is the vehicle used to name executors to manage the settling of the estate and identify the beneficiaries who receive estate assets. As such, it is vital in cases where decedents have an interest in ensuring that their estates are managed in accordance with their desires. Unfortunately, however, more than half of all adults leave life without a valid will in place.

When there is no will, the court must use the state’s intestacy laws to determine how assets are distributed to beneficiaries. This can lead to undesirable results that see some heirs receive inheritances that the deceased never intended for them to receive, and other beneficiaries denied an inheritance because their right to asset distributions is not specifically recognized by the statutory language. To prevent that, it is important to have some sort of estate plan in place prior to death.

What is My Level of Involvement in the Process?

Your exact level of involvement in any probate proceeding may vary. In Florida, the probate process involves a variety of actors:

  • Court officials like the circuit court clerk of the county where the deceased lived prior to death, and the circuit court judge who will preside over the proceedings
  • The person named as the executor, or a personal representative chosen by the court when there is no will
  • Attorneys hired by the executor, appraisers, tax specialists, and others retained to assist with asset appraisal, taxes, and other estate resolution matters
  • Creditors and others levying claims against the estate – including tax agencies
  • Anyone wishing to challenge the provisions of a will
  • Named beneficiaries – though their role is typically a passive one

How Does Probate Proceed?

The probate process begins when the executor files with the court to receive approval to act as the estate’s personal representative. Once that is obtained, he or she then gathers assets, catalogues and appraises them, notifies creditors and beneficiaries, pays valid creditor claims and taxes, and then distributes assets to the heirs named in the will. On the surface, that sounds like a pretty simple process – and it is, for the most part.

For the executor, however, that simple process involves many different duties. The executor must gather and protect the deceased’s assets and locate the estate’s creditors. He or she is responsible for resisting fraudulent creditor claims, and paying those that are legitimate. Different expert professionals may need to be retained to help administer the probate process. Investments may need to be made, and taxes need to be calculated. And throughout it all, the executor must meet his or her fiduciary duty to the estate and its beneficiaries.

Why You May Need an Attorney

If you’re an executor, you may be told that you don’t need an attorney to help you perform your duties. That may lead you to attempt to handle things on your own, to save money for the estate. That can be a mistake, though, since there are many legal and financial tasks involved in the process that may be beyond your field of knowledge. Moreover, any errors that you make that result in a loss of estate value could leave you facing issues of liability for those losses.

The fact is that you are free to engage an attorney, and the estate pays those costs. Your attorney can help to ensure that you understand the ramifications of any decision you make, and will work to protect your best interests throughout the process. Most importantly, he or she can help to alleviate much of the stress that you might otherwise experience while fulfilling your duties.

At Kulas & Crawford, Medicaid & Estate Planning Attorneys, our probate administration experts can work with you to ensure that your rights and interests are protected, no matter your role in the probate process. Whether you’re an executor tasked with settling an estate, an heir being denied your inheritance, or someone with cause to challenge the provisions of a will, we’re here to help you achieve your goals. If you’d like to learn more about how we can help you navigate the St. Lucie probate court process, then contact us online today or call us at (772) 398-0720.

Filed Under: Probate

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Probate law can be confusing for many families. When a loved one dies, questions about how heirs are defined and who gets an inheritance can often cause chaos in the family dynamic, unless you know the facts.
Probate Law and Its Impact on Heirs

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I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

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Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

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I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

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Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

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Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family.

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"Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family."

Janice M
Client Review
August 25, 2020
    

Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

Krissy L.
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I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

Leo C.
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Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

Mildred W.
Client Review
August 25, 2020
    

I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

Joan C.
Client Review
August 25, 2020
    

We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

L.G.K.
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