How Estate Executors Can Successfully Navigate the Florida Probate Process

If you have been named the executor (a/k/a personal representative) of an estate, you will probably have some questions about your exact duties and responsibilities when it comes to Florida probate. In general, after your appointment by the probate court as executor, you are responsible for administrating the probate process on behalf of the estate and are accountable to the estate’s beneficiaries.

An executor’s responsibilities include, but are not limited to:

• Compiling a thorough inventory of estate assets and liabilities
• Providing creditors with notice and settling outstanding debts
• Accounting for and paying any estate taxes
• Accounting for and paying any mortgages or fees during probate
• Distributing assets to heirs
• Making a final accounting to the court at the close of probate

Many people who have been named the executor of an estate find the Florida probate process to be overwhelming, which it certainly can be for someone with no legal experience. Thankfully, an executor does not have to navigate this process alone. Engaging an experienced probate lawyer is always an option for executors, with the estate being responsible for any fees incurred for legal services during probate.

Can probate be avoided altogether?

Many people assume that the Florida probate process can be avoided if they have a living trust, but this is not always the case since not all of the decedent’s assets may be titled in the name of the trust. Furthermore, if the deceased individual left a will, or died without a will, probate will often times become necessary in order to transfer title of the estate’s assets to the deceased’s heirs.

A probate estate may also become contested – for example, if a potential heir has been left out of the will, or if the will was not updated to include subsequent potential heirs (new spouse, children, etc.).

If there is real property at issue, title to the property can often times not be transferred until the property has been probated. For these and many other reasons, it is important to consult with an experienced Florida probate lawyer if you are the executor of an estate that may face a challenge or have questions about the disposition of real property and other assets.

At Jurado & Farshchian, P.L., we provide solutions to complex problems that relieve the burden of probate for individuals and families. Contact one of the experienced Florida estate planning and probate attorneys at Jurado & Farshchian, P.L., at (305) 921-0440, or email us at info@jflawfirm.com.

 

 

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