Probate, or estate administration, is the process by which a deceased person’s property is passed to the heirs and beneficiaries named in his or her will. A probate court supervises the process start to finish.

Yes. Even if your loved one wasn’t rich, his or her debts and taxes must be paid before assets are distributed. Otherwise, creditors and the IRS may try to recover their claim, and they have the right to pursue anyone who received the decedent’s money or property. It’s a lot less costly and risky to open an estate and administer it properly in the first place.

A simple formal estate that doesn’t have many assets and outstanding debts can be settled within five to six months.

Except in limited circumstances, courts in Florida require an executor to be represented by an attorney in a probate matter because an executor not only represents himself, but also the interests of beneficiaries.

No. The will must be admitted to probate by the court before it can be accepted by a bank. Without such proof, a bank has no way to know whether the will presented is the proper and last will of the deceased individual.

If the person died without a will (known as "intestacy"), state law provides a list of those who could serve in the capacity of executor and provides how the assets are distributed.

Generally, most assets owned by a descendent are deemed probate assets. Some exceptions include assets that are in a trust, assets that have designated beneficiaries, and assets owned as joint tenants and tenants by the entireties. The attorney will review documentation to ascertain what are deemed non-probate assets and probate assets.

Generally, there is a flat fee for both Formal Administration and Summary Administration. In rare exceptions, additional fees may apply.

With Sanchez Law Group, your initial consultation, whether by phone or in-person meeting, is free.