Florida Probate Attorney

A General Overview of Probate Procedures

Posted on 24. Jun, 2011 by Admin in Probate Law

Most states in the Union use a standardized probate procedure. This is the case because most states in the Union use federal probate guidelines that can be found in Section 25 of the United States Code.

All information provided for reference purposes only, contact Probate lawyers FL for additional details.

Here is a brief overview of how this procedure works.

The probate process begins after a decedent’s death certificate has been endorsed by a competent medical professional. The process is initiated by the person who was named by the decedent to handle his affairs. This person is called the executor. This person must be formally named by a probate judge to handle the decedent’s affairs.

Once the executor is formally appointed to handle the decedent’s affairs, the executor must formally execute the probate process.

To do this correctly the executor must follow these steps:

1. The executor must collect, appraise and inventory all of the decedent’s assets that are subject to probate. These assets usually include life insurance policies, retirement accounts, loans, pay checks and other tangible assets. Once the executor completes this task, he must send a copy of the final inventory those results from the process to the judge handling the probate proceedings.
2. The executor must then pay off any final expenses the decedent still owes. In order to do this, the executor must locate the names and addresses of the decedent’s creditors. The executor must also allocate a certain account of the estate’s assets to pay for the expenses of the decedent’s surviving spouse or children.
3. Once the decedent’s final expenses have been paid for, the executor may finally ask the probate court to transfer the decedent’s property according the instructions found in the decedent’s will.

This process can take some time to complete because state probate laws allow heirs to file formal objections to the instructions contained in the will. As a result, most state probate laws provide detailed instructions on how to file formal objections to the instructions contained in wills.

Most states follow an orderly probate procedure. This procedure includes the formal appointment of an executor or administrator to handle a decedent’s estate. It also includes a highly detailed process that executors or administrators must follow in order to distribute a decedent’s assets to rightful heirs.

For more general information about the probate process, please consult the sources used to create this article.

Disclaimer – This article about probate is intended to help readers conduct their own research on the topic. If you have any questions about the probate process, please visit an attorney who specializes in probate law for competent legal advice.