Because the passing of a loved one is an emotional situation for most families, it’s a bad time to manage the added complexity of probate, which can be difficult to navigate if you’re unfamiliar with it. Because probate is a legal process through which a deceased person’s estate, or property, is distributed to heirs and designated beneficiaries, the estate’s personal representative must typically have attorney representation before the probate courts in Florida.

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Under most circumstances, it’s an inevitable part of the process because it involves identifying the assets of the deceased person, known as the “decedent,” paying the decedent’s outstanding debts, and distributing the remaining assets to the decedent’s heirs and beneficiaries.

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These “probate assets” might include cash or assets held in bank or investment accounts, or may be in the form of real estate or other items of value, that the decedent owned solely in his or her own name. Some assets, such as those that are held jointly with rights of survivorship, or where a specific beneficiary has been assigned, are not typically considered probate assets.

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In Florida, a personal representative – sometimes referred to as an executor in other states – will be appointed by a judge and is responsible for administering the decedent’s probate estate in compliance with Florida law. The personal representative can be an individual, or a bank or trust company. For individuals, he or she must be at least 18 years old and either reside in Florida or be a close relative of the decedent, like a spouse, adult child, sibling, or parent.

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During the probate process, various legal issues that are likely to be unfamiliar to the personal representative may arise, even during a relatively simple probate. This is why, in most cases, an attorney is hired to advise the personal representative on his or her legal rights and obligations.

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This is a very stressful time for most families, so it’s important that you have confidence in the probate process and the work your probate attorney is doing. As a probate attorney, I consider it part of my job to do everything I can to ease your stress and ensure that the process goes smoothly.