Professional Help With Florida Probate And Estate Administration
The probate process can be confusing, especially for people who have never dealt with it before. Many people don’t think about probate until they must settle the affairs of a loved one who has died. The learning curve can be steep, and the amount of paperwork can be intimidating for people who are still grieving a loss.
Dariotis Law in Tallahassee, Florida, helps people through the probate process, keeping track of deadlines, filing the necessary paperwork required by the probate court, supervising the probate process and giving legal advice to the personal representative.
Contact the firm today at 850-692-2727 or by email to arrange a consultation with experienced probate attorney Terry Dariotis.
What Is Probate?
In a nutshell, probate is a court-supervised process for:
- Identifying and gathering the assets and debts of the decedent (the person who has died)
- Notifying interested parties, which includes beneficiaries and creditors
- Paying the decedent’s creditors and final taxes
- Distributing the remaining assets to the beneficiaries based on the estate plan or Florida law
In Florida, this process generally works in one of two ways. Qualifying estates can go through “summary administration,” which is a faster and easier form of probate. Other estates require “formal administration,” which includes the appointment of a personal representative.
What Does A Personal Representative Need To Do In Probate?
When a loved one passes away, handling their estate can seem daunting. In Florida, the individual or institution appointed to manage this process is known as the personal representative (other states use terms like “executor” or “estate administrator”). Attorney Terry Dariotis can guide you through these responsibilities, helping to ensure compliance with Florida law.
The duties of a personal representative include:
- Locating and valuing probate assets: The personal representative must locate and obtain valuations of the decedent’s assets, and protect those assets during the probate process.
- Identifying and notifying creditors: It is crucial to conduct thorough searches to locate all known and reasonably ascertainable creditors and inform them about their claim submission deadlines. The personal representative must also publish a notice to creditors in a local newspaper. This informs creditors to submit their claims as required by law.
- Informing stakeholders: A Notice of Administration is issued to inform interested parties about the estate proceedings and certain necessary actions they need to take.
- Managing claims: The personal representative should challenge any improper claims and defend the estate against such claims in court.
- Settling debts: All valid claims that the deceased person owed money must be paid, to the extent of the non-exempt assets of the probate estate.
- Handling taxes: They are responsible for filing necessary tax returns and paying any taxes due.
- Hiring professionals: The personal representative may need to employ professionals such as lawyers, accountants, appraisers or investment advisers to assist with estate administration.
- Covering expenses: All costs related to administering the estate must be paid.
- Providing for family: Certain amounts may need to be allocated to the surviving spouse or family under statutory requirements.
- Distributing assets: The personal representative ensures that all beneficiaries receive their respective shares of the estate.
- Closing the estate: Once all duties are fulfilled, the estate can be officially closed.
With Mr. Dariotis’s guidance, personal representatives can fulfill their obligations effectively, ensuring that all legal requirements are met and reducing the administrative burden. An experienced probate attorney like him can provide as much or as little help as you need. He can advise you on the legal issues or handle the entire probate process.
Localized Legal Assistance To Avoid Roadblocks
It is important to understand that every estate presents its own issues, and some can be more complicated than they appear at first. For instance, some people die owning assets in more than one state. This may require an “ancillary” probate in the other states where assets are located.
Probate attorney Terry Dariotis has been practicing estate law for over 24 years and is certified by the Florida Bar as a specialist in wills, trusts and estates law. He also has an advanced law degree in taxation. He can help you avoid mistakes and tackle many problems that arise.
Get Help With Probate
If you need to probate a will or just need help administering an estate, speak to a probate lawyer with experience. Call Dariotis Law at 850-692-2727 to set up a consultation. You can also contact the firm by email.