subject: Understanding How Probate Administration Works [print this page] Understanding How Probate Administration Works
Whether an individual leaves a will or not, the estate has to undergo a particular legal process to transfer the property title from the deceased to the heirs. This is the probate process. Every US state has certain statutes in this regard. The Chapters 731 to 735 of the Florida Statutes dictates the Florida Probate Code.
Before you delve into the details of how the probate process works in Florida, you must have a clear idea about the entities involved in it. Here is a list of these:
1. The Circuit Court Judge
2. The Circuit Court Clerk of the county of residence of the deceased (at the time of his/her death)
3. The decedent's personal representative (individual or institution)
4. The legal professional (attorney working on behalf of the representative)
5. The creditors (entities who have filed claims regarding incurred debts)
In most probate proceedings, the Internal Revenue Service (IRS) is also an involved party. This is, only if issues like federal income taxes or federal gifts are involved in the assets of the deceased.
Next, is the question of how the administration procedure works? It is necessary to consult an attorney to understand the intricate details of the process. However, here is a brief sketch of how the Circuit Court Judge supervises the probate administration process in your state.
The first task is to identify the heirs to the property. If there is a will of the decedent, the Judge considers the validity of the document. Only if the will follows particular Florida laws, it is deemed valid. If the decedent dies without a will, i.e. intestate, the Judge identifies the legal heirs and determines the division of property according to the laws.
If the will nominates a personal representative, the Judge also decides whether that entity is qualified or not. There are certain statutory qualifications that a representative needs to meet in order to qualify. If the representative qualifies, the Judge issues the Letters of Administration', giving the representative authority over the probate estate.
In case of an issue that arises during the probate administration Florida, it is the responsibility of the Judge to resolve the matter. He/she holds a hearing in this regard. The decision at the end of the hearing is set down in the Order' issued by Judge. An attorney however, best handles the legal aspect of the matter.
Whether you are the personal representative of the deceased who needs to qualify or an heir who does not think that the representative is suitable for the purpose, you need to consult a legal professional specialized in the probate process.
