When is Estate Administration Required in Florida?
Estate administration is required whenever a person passes away with assets titled in their name (such as a residence or bank account). Estate administration, also known as “probate,” is the procedure that occurs to transfer those assets out of their name. Estate administration may also be necessary when a “personal representative” is required to settle the affairs of the deceased, for instance, to initiate legal action against someone responsible for the death.
What occurs in Florida estate administration are three key steps: 1) Initial asset identification comes first. If the deceased individual had an organized estate, asset identification can be swift and straightforward, spanning a few days to a few weeks. However, if there is a substantial number of assets, this process may require more time. Extended probate periods, exceeding six months, often result from the vastness or intricacy of the estate’s assets. 2) Subsequently, identifying creditors takes precedence. To settle creditors’ claims, they must first be located. This necessitates publishing a notice to creditors in the designated periodical and allowing them three months to submit claims. Furthermore, a copy of this notice is sent to every reasonably identifiable person who could potentially be a creditor. Once the three-month period elapses, known creditors are compensated if everything progresses smoothly. If this timeframe extends beyond three months, it is typically due to a disputed claim or tax-related issues. 3) Lastly, once the three-month period for creditor claims has concluded and all debts and taxes have been settled, the residual estate can be distributed among the beneficiaries. If delays occur, it is often attributed to contests against the will or other complicating factors.
It’s possible that the process of estate administration won’t cost your loved ones anything, especially if you had a small estate and a well-drafted will. A well-drafted will can save your loved ones thousands of dollars in costs, including fees for legal representation and filing fees. However, in many cases, you can anticipate incurring various costs and fees associated with estate administration. These costs vary by state and are outlined in your state’s applicable laws regarding estate administration.
Estate Administration is a court-supervised process for identifying and gathering the assets of a deceased person (decedent), paying the decedent’s debts?and distributing the decedent’s assets to his or her beneficiaries.
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