Although there is no real way to expedite the process, probate sometimes becomes so lengthy because delays occur. Below, our St. Petersburg probate administration attorney outlines some of the most common delays and how to avoid them.

Missing Documents 

Probate courts require the original will, certified copies of the death certificate, affidavits and petitions. When these are not properly executed, it can create a delay as the court will have to resolve the issue. Common mistakes include wills that are not properly signed or witnessed, incomplete inventories, and missing affidavits for self-proving wills. Every instance of missing information will require additional hearings and requests for corrections.

Challenges with Personal Representatives 

Personal representatives are appointed by the probate court to oversee the administration of the estate. They are either designated by the decedent in the decedent’s will, or in the absence of a will, the person with preference for appointment under Florida law. When a personal representative is unprepared, unwilling, or unqualified, it can create delays in a case. Even skilled and good-intentioned personal representatives can find asset management, accounting, and deadlines challenging. Replacing a personal representative and disagreements among co-personal representatives all create delays during probate.

Contested or Unclear Will Terms 

Vague language used in a will or evidence of improper execution, lack of capacity, or undue influence can trigger a lawsuit. When a will is contested in Florida, a case moves from being routine administration to an adversarial court case that typically requires depositions, other forms of discovery, mediation, and potentially a trial. All of these can delay probate anywhere from a few months to a few years.

Creditor Claims 

There is a very clear timeline for notifying reasonably ascertainable creditors so they can file a claim against the estate, if necessary. Settling debt can take time but additional delays can occur if a claim filed by a creditor is disputed. For example, if the personal representative has reason to believe the debt is not valid, the dispute will need to be resolved and this also takes time.

Scheduling of the Court 

Although the scheduling of the court is not within your control, it can impact how long probate takes. Most matters are handled efficiently by the courts but complicated estates, motions, and disputes may not be scheduled for weeks, or even months. Procedural mistakes, such as failing to provide proper notice, can also create delays during probate.

Our Probate Administration Attorney in St. Petersburg Can Help You Through the Process 

Delays are sometimes a part of probate but it is also possible to move through them quickly, or avoid them altogether. At Legacy Protection Lawyers, LLP, our St. Petersburg probate administration attorney can help you through the process, resolve any dispute that arises, and ensure no mistakes are made that could delay proceedings. Call us today at 727-471-5868 or contact us online to schedule a consultation with our experienced attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html

Unfortunately, personal representatives can make mistakes. When they do, it can not only create delays during probate. It can also result in litigation and the personal representative being found personally liable for their mistakes. Below, our St. Petersburg probate administration attorney outlines the most common mistakes made by personal representatives.

Failing to Communicate Effectively 

Effective communication is critical during probate and ensures it will be successful. Personal representatives must communicate regularly with creditors, beneficiaries, and other important parties during the process. When they fail to do this, beneficiaries may feel left out, which can lead to frustration and the personal representative’s actions may even come under suspicion. A lack of transparency can result in disputes and mistrust among beneficiaries, which can strain family relationships and even result in legal challenges.

Mismanaging the Property in the Estate 

Failing to properly manage the property in the estate is more common than people think. Personal representatives may fail to ensure property is properly secured, make uninformed financial decisions, or fail to accurately appraise assets, which can all reduce the value of the estate and lead to beneficiary disputes.

Insufficient Record-Keeping 

It is critical that personal representatives keep detailed and extensive documentation to avoid financial discrepancies and legal challenges. They may maintain meticulous records of all transactions, decisions, and communications. This includes creating a full inventory of assets, beneficiary distributions, and payments made to creditors. Failing to keep detailed records can not only delay probate but it can also result in legal action against the personal representative.

Mishandling Beneficiary Disputes 

Beneficiary disputes sometimes arise during probate administration and it is essential that personal representatives handle these appropriately. Failing to maintain neutrality, facilitate open discussions, and foster compromise can all result in long delays. These tasks may be very challenging for a personal representative on their own. In these cases, it is important that personal representatives attempt to allow a third party, such as a neutral mediator, to handle the dispute so it can be resolved quickly.

Failing to Work with a Probate Administration Attorney in St. Petersburg 

For personal representatives in Florida, working with an attorney is not merely a recommendation. It is required by law. If you are heading into probate to administer someone’s estate, our St. Petersburg probate administration attorney can help. At Legacy Protection Lawyers, LLP, our experienced attorneys can guide you through probate, provide the legal advice you need to ensure all tasks are completed properly to avoid disputes and delays, and make the entire process as easy as possible for you. Call us today at 727-471-5868 or fill out our online form to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0733/Sections/0733.602.html

Although locating your loved one’s assets may seem like a fairly easy task, this is not always the case. Below, our St. Petersburg probate administration attorney explains in greater detail.

Review Estate Planning Documents 

If your loved one created an estate plan, these documents can provide a great deal of insight to the assets they owned. Review any will they left behind to determine if there is mention of real estate, bank accounts, or collections, or other valuable items. If your loved one established a trust, it may hold property and outline how it is to be managed. If you are having trouble locating these documents, ask your loved one’s attorney or financial advisor.

Financial Records 

Locating the property of your loved one will require more than just a review of their legal documents. Their financial records can also help shine a light on property. For example, your loved one’s checkbooks, bank statements, and online banking accounts may reveal accounts you were not aware of. Your loved one’s mail, email, and digital storage can also review certain assets, and their previous tax returns may show investments and other income sources you did not know existed.

Real Estate and Personal Property 

Locating real estate and valuable personal property can become complex, particularly if you are not aware of your loved one’s holdings or you do not have direct access to certain records. Your local county records can reveal property deeds for real estate owned by your loved one. You may also have to search for boat registrations, car titles, and other valuable property that may have been overlooked. If your loved one had a safety deposit box, you should speak to the financial institution about accessing it. People often leave their most valuable possessions in these boxes.

Digital Assets 

Today, not all property is physical and people often have many digital assets, as well. Your loved one’s email may provide clues about online portfolios or digital investments. Locating a digital wallet for cryptocurrency can also become complicated. You may need to look for digital keys, paper wallets, and other documentation. Sometimes, social media accounts can offer important information, such as the purchase of investments or the sale of property.

Our Probate Administration Attorney in St. Petersburg Can Help 

It can seem daunting to try and locate assets after losing a loved one but the above steps can ensure they are properly located and handled. If you need help with the probate process or need assistance with locating assets, our St. Petersburg probate administration attorney can help. At Legacy Protection Lawyers, LLP, our seasoned attorney can provide the legal help you need and can provide the guidance you need every step of the way. Call us today at 727-471-5868 or contact us online to request a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html

What Happens During Probate? 

During probate, the property of the deceased is inventoried and valued. Creditors can make claims against the estate for unrecovered debt, taxes are paid, the will is confirmed if the decedent left one, and ultimately, the remaining assets in the estates are distributed according to the terms of the will or the intestacy laws of the state. There are different types of probate in Florida, depending on the size of the estate and the length of time that has passed since the death.

What Property is Subject to Probate? 

Generally speaking, any property owned by the deceased person, is subject to probate. However, there are certain exceptions. These include co-owned property with a right of survivorship, accounts with beneficiary designations, payable-on-death and transfer-on-death accounts, and property placed in a trust.

What Does a Personal Representative Do? 

The personal representative plays a very big role during probate. The personal representative administers the estate according to the law and the decedent’s instructions. They are either named in the decedent’s estate plan or the court will appoint them. When administering an estate, the personal representative is responsible for the following:

• Identify, gather, value, and safeguard the assets within the estate
• Publish a notice to creditors
• Defend will contests, trust challenges, and other legal disputes
• File tax returns and pay taxes
• Pay administrative expenses
• Provide accounting to beneficiaries
• Distribute property to beneficiaries
• Close probate administration

How Long Does Probate Take? 

The length of the probate process can vary, depending on the type of probate that is necessary. Formal administration, which is the most common type, can take one year or more, depending on if there are disputes and the complexity of the assets. Summary administration can take anywhere from a few weeks to a few months, but this type of probate is reserved for smaller estates.

How Much Does Probate Cost? 

The cost of probate varies depending on a number of factors. The cost can range from a few hundred dollars to hundreds of thousands of dollars. The costs of probate include court fees, attorney’s fees, personal representative’s fees, and others. Florida law outlines a sliding scale for both attorneys and personal representatives based on the size of an estate.

Do I Need a Probate Administration Attorney in St. Petersburg? 

Although everyone is advised to work with a St. Petersburg probate administration attorney, it is required for certain individuals, such as personal representatives. At Legacy Protection Lawyers, LLP, our seasoned attorneys can guide you through the process, provide the legal advice you need, and make the process less stressful for you. Call us today at 727-471-5868 or fill out our online form to request a consultation so we can review your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html

Ten Days to File Probate 

The ten-day deadline to file probate is the first deadline to occur during the process. This means that the person who is in possession of the deceased’s will must file it with the probate court in which the decedent passed away within ten days of the death. This is a firm deadline for estates of any size.

Issuing Letters of Administration

Before the personal representative named in the will can begin completing their various duties, the court must formally recognize them in the position. To do this, the court will issue Letters of Administration, which is a court order that provides the personal representative with the ability to handle any matter that would have been handled by the deceased. The court will typically send this court order to the personal representative between one to four weeks after the will is filed with the court.

Timelines Involving Creditors

Once probate has officially begun, the personal representative must notify creditors, typically through publication in a local newspaper. The law does not outline a specific time limit for this, but personal representatives are required to notify creditors promptly. Typically, notice is published for two weeks. Creditors then have just 90 days to file a claim against the estate if the decedent still owes debt.

If the probate process involves formal administration or ancillary proceedings, the personal representative must submit proof of the decedent’s death to the creditors within three months of publishing notice.

The last deadline involving creditors is four months from the time the notice to creditors was published. After four months, the personal representative must determine if the claims are valid and object to any invalid claims.

Accounting Objections 

Personal representatives must also provide an accounting to the court. The accounting details any funds paid from the estate, such as debts paid to creditors. The accounting also outlines the assets, liabilities, receipts, and disbursements in or from the estate. Any party with an interest in the estate can object to the accounting but they only have 30 days to do so.

Distribution Receipts 

After creditor claims have been paid, as well as taxes and other expenses due from the estate, the personal representative can then distribute remaining property to the beneficiaries as outlined in the estate plan. The personal representative must then provide distribution receipts to the court. This must be done within one year of the Letters of Administration being issued, in most cases.

Our Probate Administration Attorneys in St. Petersburg Can Help You Meet the Deadlines 

If you are currently administering a loved one’s estate, our St. Petersburg probate administration attorneys can help. At Legacy Protection Lawyers, LLP, our experienced attorneys can guide you through the process, ensure all important deadlines are met, and make things as easy as possible for you. Call us today at 727-471-5868 or fill out our online form to request a consultation with one of our experienced attorneys.

Source:

flsenate.gov/laws/statutes/2000/732.2025

Formal Administration 

The most common type of probate in Florida is formal administration. This type of probate is required when the property in the estate exceeds $75,000 and the deceased passed away less than two years ago. During formal administration, a personal representative is appointed, and they will administer the estate under the oversight of the probate court. Generally, formal administration is most appropriate when the following apply:

• The estate is large and complex;
• There are creditor issues to resolve;
• There are anticipated disputes among the beneficiaries; and
• There is property in the estate that requires certain oversight, such as the sale of real property.

Summary Administration 

Summary administration is a simplified type of probate. A summary administration is followed when the value of the estate is $75,000 or less or the decedent passed away two or more years ago. No personal representative is appointed during summary administration. Instead, interested parties can submit a petition for summary administration to the court, which  will distribute property to the beneficiaries pursuant to the petition. Summary administration is best for the following:

• Small estates valued at $75,000 or less;
• Estates that do not involve disputes or significant debts; and
• Faster resolution for beneficiaries when the decedent passed away two or more years ago.

Disposition of Personal Property Without Administration 

This type of probate is not really a probate process at all. Disposition of personal property without administration is reserved for the smallest estate, specifically when the total value of the assets, excluding exempt property, is less than the amount of the final expenses of the estate administration such as medical bills and funeral costs. This is the most convenient option when property has a lower value and hiring an attorney is not practical. Instead, beneficiaries can petition the court to reimburse out-of-pocket expenses.

Our Probate and Trust Administration Attorney in Florida Can Help You Through the Process 

Regardless of the type of probate process you need to navigate, it is always recommended that you seek the help of a Florida probate and trust administration attorney. At Legacy Protection Lawyers, LLP, our experienced attorney can advise on the type of probate right for you and guide you through the process to make it as easy as possible for you. Call us now at 727-471-5868 or contact us online to schedule a consultation with our experienced attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html

What is a Notice of Administration? 

A Notice of Administration is a document sent to interested parties in the estate that administration of the deceased’s estate has begun. The Notice of Administration will contain important information, including:

• The individual has passed away
• Probate has been opened to begin administration of their estate
• The name of the personal representative who petitioned the probate court
• The terms of the person’s Will that will be proved and followed by the probate court
• The deadline for interested parties to claim their rights to the estate

Generally speaking, the Notice of Administration must be sent to interested parties between 20 days and 3 months after the petition is filed with the court.

Who Receives a Notice of Administration? 

It is the duty of the personal representative to ensure that all interested parties receive a Notice of Administration. Most commonly, this includes:

• The deceased’s spouse
• Any beneficiaries named in a Will or a trust
• The trustee of any trust drafted by the deceased
• Individuals receiving property exempt from probate
• Court-appointed conservators and guardians
• Guardians and parents of minors, including minor beneficiaries and heirs
• The next of kin of the deceased

Rights Associated with a Notice of Administration

 Anyone who receives a Notice of Administration has 90 days to file petitions to replace or remove the personal representative or to file Will contests. People who receive a Notice of Administration can also file a claim for a share of the estate if there is no Will if they had a legal relationship with the deceased. Creditors will receive a Notice of Creditors and they then have a similar deadline to make a claim against the estate.

It is important to note that receiving a Notice of Administration does not provide you with any rights. It simply provides you with an opportunity to exercise your rights. If the personal representative should have sent you notice but did not, it can delay the administration of the estate. After learning about the estate administration you can then object later, even if the timeline has passed.

Our Probate Administration Lawyer in St. Petersburg Can Help You Through the Process 

If you have received a Notice of Administration, or you should have but did not, our St. Petersburg probate administration lawyer can help. At Legacy Protection Lawyers, LLP, our experienced attorneys can advise on the next steps to take and make the process as easy as possible for you. Call us now at 727-471-5868 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html

Filing the Petition for Administration 

One of the first steps in the probate process is filing the petition for administration in the circuit court of the county where the deceased individual lived during their lifetime. The personal representative, a beneficiary, or an heir can file the petition. If a personal representative has been named, they are typically the one to file the petition. The petition essentially asks the court to open probate to administer the estate of the deceased. If a personal representative has not been named, the probate court will appoint one.

Notifying Creditors 

After the court has appointed a personal representative, that individual must then notify all creditors who may have a claim to the estate. The personal representative must publish a notice in the local newspaper to notify unknown creditors. They must also send a notice to known creditors. Creditors then have 90 days to file a claim against the estate.

Inventory and Value Assets 

The personal representative must inventory, appraise, and manage all of the property within the estate. The most common types of property inventoried during the probate process are as follows:

• Bank accounts
• Real estate
• Vehicles
• Personal property, such as furniture, jewelry, and collectibles
• Business interests
• Retirement accounts
• Debts

Some property of the deceased may have to be sold in order to help repay remaining debt.

Distributing Property 

After creditors have been notified and a list of assets has been created, the property has been valued, taxes have been paid, and debts have been satisfied, the personal representative can then distribute the assets. This includes ensuring beneficiaries receive the inheritance left to them according to the provisions of the will or the intestacy laws in Florida.

Filing Final Accounting 

Filing the final accounting with the probate court is one of the last steps in the process. This essentially requires the personal representative to submit all details of the property within the estate, the debts that were paid, and how remaining assets were distributed to beneficiaries. It also asks the court to close the estate and discharge the personal representative from their duties. After the court approves the final accounting, the probate process is closed.

Our Probate Administration Lawyer in St. Petersburg Can Help You Through the Process

 If you are facing the probate process, legal guidance from a St. Petersburg probate administration lawyer is invaluable. At Legacy Protection Lawyers, LLP, our experienced attorney can ensure you are properly prepared and guide you through the process so it is as easy as possible for you. Call us now at 727-471-5868 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html

The Challenges of Ambiguous or Confusing Language 

When estate planning documents contain ambiguous or confusing language, it can cause disputes to arise among your beneficiaries. When instructions are unclear or terms are vague, your loved ones may even try to contest a trust or will you created. This will only cause a delay in probate administration and any time there is a delay during probate, it can place a financial burden on the estate. This will result in less property being available for your loved ones.

It is critical to carefully review all of your estate planning documents before you sign them to ensure that they properly reflect your wishes. This will also allow you to make sure the language used is clear and specific so there is no chance of confusion. An attorney will know what language to use that will avoid uncertainty or misinterpretation. A lawyer will also help you review your estate planning documents regularly. A review is recommended after any major life event such as a birth, death, marriage, or divorce.

The Challenge of Missing Documents 

While confusing language can create issues for your family, missing documents can pose an even bigger problem. Probate is started when your will is submitted to the court. The court will then prove, or validate, it. If your original will cannot be found, the court will presume that you had intended to destroy it or that one was never created. As such, your property will be distributed according to the intestacy laws of the state. To avoid this, your personal representative may have to prove to the court that you do not intend to destroy the will and that you did create one. This can be very costly, difficult, and time-consuming.

To prevent estate planning documents from going missing, you should always store them in a secure location. Many people use a safe box in their home that is waterproof and fireproof. You can also ask your lawyer to keep your documents in their office. Regardless of what location you choose, make sure that your personal representative and family members know where they are stored.

Our Probate Administration Lawyer in St. Petersburg Can Help 

At Legacy Protection Lawyers, LLP, our St. Petersburg probate administration attorney can draft the documents you need to properly reflect your wishes, and ensure they are fulfilled. Call us now at 727-471-5868 or contact us online to request a consultation with one of our experienced attorneys and to learn more about how we can help you protect your legacy.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

Make Funeral and Burial Arrangements 

Typically, funerals are held within one to two weeks of a death. This allows time to give notice to friends and family, and for people to make travel arrangements. Sometimes, religious practices require funerals to be held much sooner than that. Working with your loved ones and the funeral director, you should make all necessary arrangements, plan a service, as well as a burial or cremation, depending on your loved one’s wishes.

Secure the Home and Property of the Deceased 

If your loved one lived by themselves, it is important to secure their home and property, such as their vehicle. Discard any perishable items in their home and remove any garbage. Lock all doors and windows to ensure the property is secure. If relatives wish to remove property, such as mementos from the home, document what has been taken. This can help avoid disputes when the estate is being administered.

Get Mail Forwarded 

Contact the post office and get your loved one’s mail forwarded. This not only helps ensure that your loved one’s final bills are paid, but it also keeps mail from piling up at their home. A compilation of mail shows that no one is home or no one lives there, and increases the likelihood that someone will break in.

Obtain the Death Certificate 

You need the death certificate to start the probate process. Contact the Florida Bureau of Vital Statistics to obtain the certificate and request at least ten copies. When notifying different government agencies, they will also require a copy of the death certificate.

Identify the Personal Representative of the Estate 

The personal representative of an estate has many different duties after someone passes away. They must submit the original signed will to the probate court, locate beneficiaries, create an inventory of assets, and identify and pay debts. Essentially, the personal representative must administer the entire estate with the oversight of the probate court. Locate the personal representative of the estate so these tasks can be started as soon as possible. The personal representative will be named in the decedent’s will. If the deceased did not name a personal representative, the probate court will appoint one.

Speak to a Probate Administration Attorney in St. Petersburg 

One of the most important steps to take after a loved one passes away is to speak to a St. Petersburg probate administration attorney. At Legacy Protection Lawyers, LLP, we can assist with opening your probate case, guide you through the process, resolve any disputes along the way, and help make this difficult time easier for you and your family. Call us now at 727-471-5868 or contact us online to schedule a consultation and to get the legal help you need.

Source:

floridahealth.gov/certificates/certificates/death/index.html