St Petersburg Probate - Probate in Florida
In Florida, wills that go through a formal administration of probate require that a personal representative be appointed. If you have been appointed as personal representative by the Circuit Court, you may have questions about your role in the process of probate. Florida law also requires that you be represented by a probate lawyer licensed to practice law in Florida.
Who can be appointed personal representative?
The personal representative can be an individual, trust company or bank, with certain conditions. The individual must be a resident of Florida, or a spouse, parent, child, sibling or other close relative of the decedent. A trust company that is incorporated in Florida may serve as personal representative. Likewise, a bank or savings and loan that is authorized as a fiduciary agent in Florida may serve as personal representative.
If the decedent left a will that names a personal representative, that person has preference under law to be appointed by the court. If the decedent did not name a personal representative, then the surviving spouse has preference. Second preference goes to the person selected by a majority of the heirs.
You may choose any probate attorney in the state of Florida who is of convenience to you; however, if there are issues in your probate being contested and that would require court appearances, then it would be wise to have a St. Petersburg Probate lawyer because an St. Petersburg probate attorney would be more familiar with the local Judges and Court system, and that would prove very helpful.
Why do I need a lawyer if I'm named the personal representative?
Even the simplest estate can pose legal issues that require the advice and expertise of an experienced lawyer. The lawyer for the personal representative will advise the personal representative on legal matters and represent the personal representative in legal proceedings regarding the estate.
What are the responsibilities of the personal representative?
In general, the personal representative is responsible for the overall management and disposition of the probate estate. That may involve:
- identifying all the assets belonging to the probate estate
- notifying all interested persons of the probate, Interested persons include all possible heirs and creditors who may have a claim against the estate
- verifying claims against the estate
- securing insurance and other security to safeguard the assets of the estate
- paying all bills and taxes owed by the estate
- filing all appropriate and necessary documents relating to the estate
- distributing the remaining assets after all debts and taxes are satisfied
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If you have questions concerning probate, or are considering your will and estate planning, a Florida probate lawyer can offer valuable advice. Don't risk mishandling the estate that you have been appointed to protect. You must be certain that all creditors and governmental agencies are properly paid to avoid future liability or financial problems in the future. Speak to a St. Petersburg Probate Lawyer today!
