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Florida Probate and Estate Settlement

Losing a loved one can be a trying circumstance. Compounding the stress of grief and bereavement issues can be the important responsibilities of Florida probate and estate settlement. If you are an Florida estate executor, personal representative or Florida trustees (or a family member) of a Florida estate the following (non-legal, non advisory) information is made available for your benefit.
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The Florida probate and Florida estate settlement process will follow the laws and procedures articulated in Florida state probate law. Florida probate and trust laws are implemented through the local county probate office for which the decedent had declared their primary residence. It is critical that executors and trustees find a Florida probate attorney who is experienced and knowledgeable in Florida probate and estate administration laws and procedures.

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Florida probate Laws - Steps in the Florida probate process

1. Find the Florida decedents will
2. Read will and determine who has executor (or trustee) fiduciary duties.
3. The executor should secure and protect property of the estate.
4. The executor should find a Florida probate attorney
5. Order Florida death certificates (12 death certificates)
6. Accumulate bills, records and financial statements
7. Meet with a Florida probate attorney
8. Open creditor claims period (follow probate attorneys instructions).
9. Open estate checking account and pay bills and debts (keep accurate records)
10. Contact an estate accountant specialist (if warranted)
11. Create an accounting for all estate assets (and liabilities)
12. With approval of attorney and court, distribute assets to beneficiaries
13. Close out Florida estate

Understanding Probate Laws in Florida

For Florida estate executors and trustees learning and understanding their duties and responsibilities is an important first step. Much of the terminology will be foreign to most consumers, but don’t despair we have created a Glossary of terms for executors and well as, a section of frequently asked probate questions.
Glossary of probate and Estate Settlement Terms
Probate and Estate Settlement frequently asked questions

Also we have created links to Florida probate Laws and Codes. But, before interpreting these laws on your own find a Florida probate attorney who in knowledgeable and consult with them prior to taking action.
Florida probate laws

The executor will (most likely) need to be in contact with the Florida probate attorney throughout the estate settlement process. There are also key deadlines for the estate activities. Meeting these important deadlines should be a top priority for the attorney and executor.

Florida Estate and Probate Deadlines (just a sample)

• Creditor Claims period
• Filing of decedents federal income taxes
• Filing the inventory of the estate assets with the appropriate Florida County probate office.
• Filing of Federal Estate Taxes (Form 706)
• Filing of the estate’s federal income taxes
• Payment of property taxes on assets within the estate and all; applicable fees, debts and bills.
• Making court appearances as required by the applicable Florida county probate office.

After the executor has hired a Florida probate attorney the process should go smoothly, but rarely does an estate proceed without a few unforeseen delays. Every estate has different assets, circumstances, demands and procedures before final completion. All parties should be aware that Florida estate settlement and probate is a complex and time consuming process.
Florida Probate and Estate Settlement Executor Checklist

How long does it take to settle a Florida Estate?

Predicting the precise timing (and amounts) of distributions to beneficiaries and it final completion is nearly impossible. Thus every estate takes on a “life of their own”. Florida estates with unique assets will require extra care and patience for all parties. Also economic and market conditions are unpredictable. Assets values and marketability of real estate, securities and other assets may vary widely depending on the prevailing market conditions.
Florida Probate and Estate Settlement Timeline
Florida Probate: Dealing with Real Estate

It is important to realize that the executor not be judged by whether they “predict” market events. They will be judged according to their inherent fiduciary duties of loyalty prudence and loyalty to the overall estate objectives. If the executor believes there may be influences which may create a question regarding properly executing their duties, they should immediately consult with their Florida probate attorney.
Florida Probate and Estate Settlement Fiduciary Duties

The executor of the estate should also be mindful of contentious issues which may arise when dealing with; beneficiaries, creditors and other parties. The estate attorney will provide important advice and counsel which will likely reduce the likelihood of adverse legal actions. Of equal importance, a trusted legal advisor should provide the executor with the confidence and “peace of mind” to complete their duties without unnecessary stress or concerns.
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