It is quite unfortunate that a lot of people don’t pay attention to probate law until the need arises. It is highly recommended that individuals familiarize themselves with the various aspects of probate as early as possible. This can go a long way in preventing potential problems whenever a person dies, and there are issues of estate planning.
So, what is a probate?
Probate is a court managed procedure for establishing and compiling a list of the assets of a deceased person. The process also involves settling the various debts he or she has left, and then distributing the remaining ones to his or her beneficiaries. Generally, the assets of the decedents are used to pay the charges incurred in the probate proceedings, before anything else. That is prior to payments of debts and distribution of the remaining assets to the beneficiaries.
Probate laws vary from one state to another. In Florida, the probate code is detailed in chapters 731 as well as 735 of the Florida statutes. On the other hand, the rules that govern probate proceedings are defined in the Florida Probate Rules- part I and II. You may want to consider finding the time to make yourself aware of the fundamental aspects of this considerably relevant law.
Florida law is administered in either of two ways- formal and summary administration. There is also another form of administration that happens outside the courtroom. It is known as the disposition of personal property without administration. The Noncourt administration of Florida law is uncommon and only used in limited circumstances.
A lot of people do not consider finding a probate attorney until someone has died. If this happens before a family has one, the process of finding one should be handled with urgency. Unfortunately, you might not have sufficient time to find a reputable attorney and this might work against you. In that case, it is advisable that you find a probate lawyer as early as now. While this area of law can be pretty straightforward, it can also be confusing at times. It all melts down to the extent to which the decedent did his estate planning while alive.
Apart from finding the relevant information on your own, a probate lawyer can help you understand the entire process as well as its importance.