What is Probate?
Probate: Probate Court is most widely known as a court that supervises the estates of deceased persons. The court has jurisdiction over the administration of wills and, if there is none, determines who is entitled to the assets of a deceased person. When you must go through the probate process, Richard S. Weinstein can help.
The Probate Process
The probate process begins with the filing of a will, if there is one. Next comes a petition to open a probate proceeding and an application to be named as the Personal Representative of the deceased person. A Personal Representative is known in some states as an Executor. As the Personal Representative named in the will or, if there is none, decided by the family to serve in that capacity, you:
- File an application for probate, provide a death certificate and original will, if there is one, in the probate court for county in which the deceased person was living.
- Prove the will was executed with the proper formalities
- Publish a notice of probate in an appropriate newspaper and notify creditors that a probate proceeding has been commenced.
- Notify beneficiaries and heirs.
- Submit proof you published and mailed the notice.
- Post a bond, where the court requires, to protect the estate from loss.
- Pay the funeral bill and all properly filed claims from the estate assets.
Some of the duties to be performed by the Personal Representative are:
- Prepare a list of assets and have them appraised if necessary.
- Safeguard estate property
- Obtain an employer identification number.
- Open an estate bank account.
- Prepare income tax returns.
- File an inventory of estate assets.
- File a list of creditors.
- File a federal estate tax return when required.
- Distribute assets to the beneficiaries.
- Set up and fund trusts when provided under the will.
- Pay all just debts of the decedent for which claims have been properly filed.
- File all required documents to satisfy the court that all duties of the Personal Representative have been properly met and that the estate should be ordered closed and the Personal Representative be discharged from further responsibility.
Remember, hiring a reputable and experienced probate attorney will facilitate a successful probate process.
With over 50 years experience as an attorney, Richard S. Weinstein assists clients with the important financial situations in their lives. Whether you are dealing with bankruptcy, real estate (both commercial and residential, including short sales, foreclosures and title insurance), estate planning, probate, business formations, or sales or mergers, Richard S. Weinstein is the attorney with the experience and knowledge you need! Call us at (561) 745-3040 or visit his website at rweinsteinlaw.com.
Law Office of Richard S. Weinstein, P.A.
250 S. Central Blvd. #101
Jupiter, FL 33458
Phone: (561) 745-3040
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