Skilled Naples Attorneys to aid you with your Probate matters
Probate law covers the legal transfer of a person’s property upon that person’s death. Even though probate customs and laws have developed and evolved over the years, the intent has essentially stayed the same. People formally make their intentions regarding the transfer of their estate when they die known via their Will, upon which their property is collected, their debts are paid, and their property distributed.
Today, the probate process is court-supervised and it is designed to sort out your assets and wealth after your death. Property that is subject to probate includes that which does not pass onto other people either through designation or ownership.
The process for probating an estate includes the following:
- Collecting all probate property of the decedent
- Collecting all rights to income, dividends, etc.
- Paying all debts, claims, and taxes owed by the estate
- Settling any disputes
- Distributing or transferring the remaining property to the heirs
Naples Probate Administration Attorneys
Understanding the Florida Probate Process
Probate is a court-supervised process during which the assets of a deceased person are identified and distributed to creditors and beneficiaries. In most cases, the probate process will go as follows: assets are gathered and identified; creditors are paid; and the remainder of assets are distributed among beneficiaries. How assets will be distributed may be dictated by a will, or if a person dies without a will, based on Florida intestacy laws.
Why Is Probate Necessary?
Probate is necessary when someone dies with or without a Will. It is the legal process required to pass ownership of property from a deceased person to his or her beneficiaries. Even if your loved one passed on and left a Last Will and Testament, this must be admitted to probate court and verified as valid for it to take effect. If your loved one passed on without a Will, the probate court will distribute assets based on state law.
In Florida, probate administration involves the following:
- If a Will is submitted, it is reviewed to ensure its validity.
- Assets and property are gathered and evaluated.
- All debts, claims, and taxes are paid.
- Any disputes regarding property or assets are resolved.
- Remaining assets are transferred or distributed among beneficiaries.
To schedule your consultation with our estate planning attorneys in Naples, contact us today online or by calling 239-774-2229.