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Probate Frequently Asked Questions

It is in your best interest to have at least a basic knowledge of probate because at some point in your life you will likely be directly involved in the probate of an estate. This might happen because you are named as the Executor in a Will or because you volunteer to be the Personal Representative when someone dies intestate (without a Will). You might also find yourself a beneficiary, heir, or creditor of an estate that is being probated. Even if you manage to avoid direct involvement in the probate of someone else’s estate, knowledge of the probate process is still useful for your own estate planning purposes. With that in mind, the probate attorneys at Kulas Law Group have put together some frequently asked probated related questions and answers for you.

1. What is probate?

Probate is the legal process that follows the death of an individual. Probate serves several functions, including:

  1. Authenticating the decedent’s Last Will and Testament (if applicable)
  2. Identifying, valuing, and transferring estate assets
  3. Allowing creditors of the estate to file claims
  4. Ensuring that all taxes owed by the decedent and/or the estate are paid

2. Is probate always required?

Some type of probate is almost always required; however, formal probate may not be necessary. Like most states, the State of Florida offers an alternative to formal probate for small estates without complex assets. Disposition without Administration may be possible, in lieu of formal probate, if the decedent’s estate is made up of only personal property of little value (the limit is subject to change).

3. Does all estate property go through the probate process?

One of the first things that must be done following the death of an individual is to determine which property is probate property and which property is non-probate property. Non-probate property bypasses the probate process and may be distributed right away. Common examples of non-probate property include:

  1. Assets held in a trust
  2. Proceeds of a life insurance policy
  3. Funds held in accounts designated as “payable on death (POD)” or “transfer on death(TOD)”
  4. Certain jointly held property
  5. Funds held in certain retirement type accounts

4. Who oversees the probate of an estate?

If the decedent executed a Last Will and Testament prior to death, the person named as the Executor of the Will is who will oversee the probate of the estate. If the decedent died intestate, or without a Will, a qualified adult can volunteer to be the Personal Representative of the estate and oversee the probate process.

5. What happens to the estate assets if the decedent dies intestate?

If the decedent left behind a valid Will, the terms of the Will dictate how the estate assets are distributed. If the decedent died intestate, the Florida intestate succession laws will decide what happens to the estate assets. In that case, only a spouse and/or close relatives will likely inherit from the estate.

6. What are some common steps in the probate process?

Although every probate process is unique, there are some common steps, including:

  1. Locating an original copy of the decedent’s Last Will and Testament and obtaining certified copies of the decedent’s death certificate.
  2. Submitting the Will along with a petition to open probate with the appropriate court.
  3. Inventorying and valuing estate assets.
  4. Notifying creditors that probate is underway
  5. Evaluating claims submitted by creditors
  6. Paying valid claims
  7. Litigating any disputes
  8. Paying any state and/or federal taxes due
  9. Transferring the remaining assets to the intended beneficiaries and/or heirs of the estate.

7. How long does it take to probate an estate?

The amount of time it takes to probate an estate will depend on a number of factors, including the size and complexity of the estate, the abilities and dedication of the Executor/PR, and whether or not any challenges are filed against the estate. Furthermore, creditors have two years to file a claim against an estate in Florida; however, the Executor/PR can shorten that time frame to 30 or 90 days by properly notifying creditors or publishing a notice to creditors. In any case, probate cannot be concluded until the appropriate statute of limitations on creditor claims has expired.

Contact Us

For more information, or if you have specific questions or concerns regarding the probate process in Florida, contact the experienced Florida estate planning attorneys at Kulas Law Group by calling (772) 398-0720 to schedule an appointment.

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Testimonials

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.
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.
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.
“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
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.
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.

Upcoming Seminars

  • Free Wills and Living Trusts Workshop
    • May 15, 2018
    • Port St. Lucie, FL
  • Free Wills and Living Trusts Workshop
    • May 16, 2018
    • Vero Beach, Florida

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Kulas Law Group

PORT ST. LUCIE
East Lake Professional Center
2100 SE Hillmoor Drive, Suite 105 Port St. Lucie, FL,34952
Phone: (772) 398-0720
Fax: (772) 398-9331
  • PORT ST. LUCIE

VERO BEACH
Univest Building
2770 Indian River Blvd, Suite 321, Vero Beach, FL, 32960
Phone: (772) 778-8481
Fax: (772) 398-9331
  • VERO BEACH

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 12:00 PM
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