One of the key processes that must take place after a person who had property in his or her name passes on is probate. According to the online dictionary, probate is defined as the official proving of a will or a verified copy of a will with a certificate as handed to the executors. This process varies in different states according to the state laws and the nature of the individual cases. This post will look at three critical things about the process of probate in Florida that you ought to know.
Generally, the probate process follows a defined procedure in Florida. The following post outlines it so you have an idea of what to expect if this is your first time going through the experience:
Like any other legal matter, the probate process can vary depending on numerous factors, including the size and complexity of the estate, the number of creditors, and whether disputes arise.
To help you better understand your options, we have listed some common steps you may encounter during probate. By reaching out to our firm, we can provide advice and representation tailored to your specific needs:
- After the testator’s death, the will must be delivered to the clerk of the appropriate court.
- An interested party (often a relative or someone close to the deceased) can file a petition for administration of a testate (the deceased passed with a valid will) or intestate (the deceased passed without a valid will) estate… Read more at Cloninger and Files…
Having a picture of the probate process can help to alleviate the anxiety you may feel. It will also help you to anticipate some of the challenges that may crop up during this process.
One of the complexities that arise in some probate processes concerns the heirs to the property. When someone appears from nowhere and claims that the deceased was their father, what should be done? Brice Zoecklein explains how this is dealt with in Florida:
Establishing Paternity in Florida Probate Litigation Disputes
Florida Law has a mechanism for the establishment of paternity testing. Fla. Stat. §742.12 provides a framework for the evidentiary use of paternity testing. Importantly, Florida law requires a written sworn statement alleging the facts establishing the conflict or question regarding paternity. Fla. Stat. 742.12 also provides the framework for the Court’s evidentiary analysis by specifically acknowledging that test results shall be filed with the Court and are admissible evidence and that certain statistical probabilities carry evidentiary presumptions.
In order to qualify to obtain DNA evidence from the relevant parties in a Probate Proceeding, you must establish a discovery request under Fla. R. Civ. P. 1.360, “examination of persons.” The rule provides as follows: Read more at Zoecklein Law, P.A…
It should be noted, however, that Florida law requires that there should be a good cause for DNA testing to be done before it can be authorized by the probate court. If this process is included, then you can expect the timelines to vary.
However, there is a general guideline for determining how long the typical probate process should take. Julie Garber explains it in the following post:
Find out How Long to Expect Probate to Take
One of the first questions that a probate attorney is asked when they sit down with the Personal Representative or the beneficiaries of a new estate is, “How long is probate going to take?” Unfortunately, the answer to this question is not a simple one and depends on many factors.
01 Where does the Personal Representative live?
With modern technology, where the Personal Representative lives in relation to where the probate attorney is located shouldn’t be a big deal. But practically speaking, the distance between the Personal Representative and the attorney does matter. Read more at The Balance…
The question of how long probate should take is one that can only be determined by the people involved in a case. The more complicated they make the process, the longer it will take. If all factors are held constant, a complication-free probate process should take only 6 months.
If conditions allow, you can actually sell your house during probate. If you are looking for a potential buyer who can ease the process for you, contact Sell Fast Fair Offer. We will give you a cash offer within 24 hours of calling us, after which you get to decide on the closing dates.
Do you need to sell your house fast in Fort Lauderdale, FL? Call Sell Fast Fair Offer today at (305) 590-8500 or visit our website to get started.