Often, when a loved one dies, families want access to accounts or the transfer of property. Formal probate is a legal court proceeding to deal with estate assets and to appoint a personal representative. A Jacksonville probate lawyer can help to explain what needs to be done before the estate can be settled.
Some steps overlap; some depend on earlier work being done. Knowing when each deadline begins can help your family to follow the case and not expect everything to occur all at once.
What should you do in the first few days?
Start by finding the original will and ordering certified death certificates. The person holding the will must deposit it with the proper court clerk within 10 days after learning of the death. Depositing the will doesn’t, by itself, open formal administration.
Gather account records and property documents for the attorney’s review. If your loved one made Duval County their permanent home, probate is generally filed there. The attorney can determine whether formal administration is needed or a shorter procedure is available.
How does the court appoint a personal representative?
The attorney files a petition in the probate division of the circuit court to begin formal administration. The petition requests the court to open the estate and appoint a qualified personal representative. This person is in charge of administering the probate estate.
The petition is considered by the court before granting letters of administration. The documents establish the authority of the representative to act for the estate. This first phase can be delayed by the absence of information or by disagreements over who should serve.
What happens during the first 60 days after letters are issued?
The personal representative identifies the probate assets and determines their values as of the date of death. Florida’s probate rules generally require an inventory to be filed within 60 days after letters of administration are issued. The court may extend that deadline.
A Jacksonville probate lawyer can help determine which property belongs in the inventory. An account with a valid payable-on-death beneficiary may pass outside probate. The representative also needs to protect estate property while the case remains open.
When does the creditor claim period begin?
The personal representative generally must promptly publish a notice to creditors once a week for two consecutive weeks. Known or reasonably identifiable creditors must also receive direct notice when required. Publication and direct notice serve different purposes.
Claims are generally due by the later of three months after the first publication or, for creditors entitled to direct notice, 30 days after service. The three-month period starts with publication rather than the date of death. Giving required notices promptly helps avoid preventable delays.
What happens while claims and finances are reviewed?
During the next few months, the representative reviews claims of creditors and deals with the estate’s expenses. Florida’s rules on payments must be applied to valid obligations. The representative has only limited funds and can’t simply pay the first creditor who asks.
The representative also handles required tax returns. There may be a need to sell property to meet legitimate expenses. A difficult sale or disputed claims can extend the process. Families can help by promptly providing the requested records and by keeping the attorney informed of any assets that are later found.
When can the estate be distributed and closed?
A simple formal probate estate may take about five to six months, but complicated estates can take longer. Finishing the creditor period doesn’t automatically mean the estate is ready to close.
If the estate isn’t filing a federal estate tax return, the final accounting and petition for discharge generally must be filed and served within 12 months after letters are issued. The court can grant an extension for a justified reason.
The closing process includes a plan for distributing the remaining property. Required notices and any objections must be addressed before final distribution is completed. Once the estate has been fully administered and properly distributed, the court discharges the personal representative.
How can Estate Plan First help your family?
Estate Plan First can help you understand the filing process and the deadlines that apply to your loved one’s estate. The firm can also guide the personal representative through the work needed to settle the estate.
Speak with a Jacksonville probate lawyer about the next steps for your family. Call Estate Plan First on (904) 595-1744 or reach out online to discuss formal probate in Duval County.
