How Does Probate Begin After Someone Passes Away?

When your loved one died and left a will or passed away without an estate plan, your family would need to go through the probate process for the assets to be distributed to the heirs. Probate does not begin on its own. You would need to take a number of steps to start the process.

When the deceased person left a will, they would have designated someone to serve as the personal representative (often known as the executor). This person has the role of acting on behalf of the estate, both to the court and in terms of the property. The personal representative will file a copy of the will with the court and the necessary forms to begin the probate process.

In Florida, the major issue is that the personal representative does not have much time to file the will in probate court. The person who has possession of the will must file it within ten days after the death of the deceased. Anyone who wants to contest the will has 20 days to do so.

This requirement comes at the same time that the family is making funeral arrangements and dealing with their own grief. The last thing that a family wants to do is begin a tedious legal process when they are in the middle of the grieving process. Therefore, families should consider hiring a probate attorney to handle all the necessary paperwork and filing. Getting legal help can save the family stress and hassle during an already difficult time.

Contact a Boca Raton Probate Attorney Today

The attorneys at Rubino Findley work with families on both estate plans and probate issues, making your life easier. To schedule an appointment with one of our lawyers, you can send us a message online or call us today at 561.220.4213.