David Howard Goldberg, P.L.

Understanding the basics of probate

Probate often seems mysterious, and many in Florida may not understand its importance. In fact, it may seem like a long, drawn-out process that simply delays the time in which the heirs can receive their inheritance. However, probate has many vital steps that work together to ensure that the right people get what they deserve from the estate. Having a basic understanding of probate can help those who are facing the aftermath of a loved one's death.

Whether one has been named executor of an estate or is simply expecting to be its beneficiary, probate can seem endless and frustrating. It is important, however, for the court to authenticate the will of the deceased to prevent fraudsters from trying to obtain assets from the estate. Either the court or the deceased's will names someone to oversee the process, usually the next of kin. This representative locates and gathers the assets and obtains appraisals for them.

From this point, there may be months where it seems like nothing is happening. However, the court allows time to pass so that any of the deceased's creditors may claim any money owed to them and the representative can pay any outstanding bills. This may include final income tax returns and inheritance tax, if applicable. When all creditors and taxes are satisfied, the remaining assets can be divided among the heirs as specified in the will.

Of course, probate may happen differently if there is no will, but the process is relatively similar. Someone who is named as the representative or executor of an estate may find the process overwhelming. Fortunately, there are skilled attorneys in Florida who can guide a representative through probate as well as advising heirs should any disputes arise.

No Comments

Leave a comment
Comment Information
Contact Us Now

Ask An Attorney About Your Options

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Visit Our Office

David Howard Goldberg, P.L.
One SE 3rd Ave suite 1940
Miami, FL 33131

Phone: 305-760-8888
Fax: 305-760-8889
Miami Law Office Map