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Tampa Probate Lawyers

Probate is the process by which a will is proven and administered, and is overseen by the courts. A decedent’s estate is typically required to be probated in the county in which the decedent resides at the time of the decedent’s death. During the probate process, the court will, among other things, establish the validity of the will, determine who the personal representative is, ensure that the estate property is properly distributed, and address any creditor claims. That said, probate can be complicated and lengthy, and many issues may arise during the process, especially if a will is contested. This is why it’s paramount to hire a team of knowledgeable probate lawyers who can effectively represent you at every turn. Contact Tampa Law Group today.

Probate Lawyers: Here to Guide You Through the Process

If you’re someone creating an estate plan and would like help understanding the probate process, evaluating your assets, and determining which assets will be subject to probate administration, our firm can help.

Additionally, if you’ve been appointed as a personal representative, our firm can also guide you through the required probate procedures, advise you on your legal obligations, and represent you in all required proceedings.

Types of Probate Administration in Florida

Florida has established several types of probate administration: Formal Administration, Summary Administration, and Disposition Without Administration. It is important that you choose the type of probate administration appropriate for the estate and follow the probate procedures required in Florida.

The Role of Personal Representatives

One of the aspects of putting together a Will is to name a personal representative. The role of the personal representative is exceedingly important, as it is the personal representative who will ensure that the terms of your will are followed. The role of a personal representative carries with it many duties and responsibilities, so it is important to choose a personal representative who is ready and able to perform these duties and responsibilities.

It is typically the personal representative who selects and hires the probate attorney and it is the personal representative who will be working with the probate attorney to administer your estate once the court has appointed them.

Before appointing the personal representative, a probate judge might require a personal representative probate bond to be issued. Once the probate case has been filed with the court, the judge will determine whether to require the issuance of a probate bond and how much that bond will be. Though this sounds like a complicated process, it is a rather simple one that we can guide your personal representative through should be necessary.

The role of the personal representative involves a great deal of information gathering and paperwork. Throughout the probate process, the personal representative will be responsible for things such as opening the estate banking account, assisting the probate attorney in determining the assets and liabilities of the estate, working with a realtor to sell property if applicable, and reviewing and signing paperwork prepared by the probate attorney.

If you have been named as the personal representative in someone’s will, it can seem overwhelming. Though the process can be complicated, we are here to assist you in every aspect of the probate process.

Who Can Serve as a Personal Representative of a Florida Estate?

Choosing a personal representative to administer your probate estate is an important decision. When selecting a personal representative, it is most common for people to appoint family members such as a spouse, a child, a grandchild, or a sibling. It is also common for people to choose a close friend to act as their personal representative.

When determining who to appoint as the personal representative, there are many things to consider. Florida law sets forth several requirements for a person to qualify to act as the personal representative of a Florida estate. For example, a personal representative must be at least eighteen (18) years of age, be mentally and physically capable of carrying out the duties of a personal representative, and cannot have been convicted of abuse, neglect, or exploitation of a disabled adult or an elderly person.

There are additional requirements to qualify as a personal representative so it is important to speak with an estate planning attorney before selecting a personal representative.

In addition to the specific qualifications set out by Florida law, there are other factors to consider when selecting who will serve as your personal representative. It is important to choose a personal representative who will be able to communicate effectively with the probate attorney and will be able to carry out the duties of the personal representative.

Contact Our Florida Probate Lawyers Today

Don’t go through the probate process alone–our seasoned estate lawyers stand ready to walk you through it. Contact Tampa Law Group today so we can get started.

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