Probate Law in Sarasota, FL

What Is a Probate Law?

A probate is a legal process that determines the validity and administration of a last will and testament. When an individual leaves behind assets, the court appoints an executor (if one is not named in the will). In either case, the appointed official collects all remaining assets, pays off any remaining liabilities, and disperses the remaining assets to beneficiaries listed in the will or to beneficiaries designated by the executor (if no will is present), all according to Sarasota, Florida probate law.

How Does Sarasota, Florida Probate Law and the Probate Process Work?

Locating the Will

The first step is determining whether a will even exists. In most cases, the decedent leaves clear direction regarding the location of the last will and testament or files one with a primary attorney. However, sometimes people have to go digging for one. In other cases, there is no will and the Sarasota court-appointed executor must handle all assets.

It is also possible that the deceased created a living trust instead. A living trust is a document that places all assets into a trust and that transfer to a designated trustee upon death. Living trusts do not require any probation or courts. For this reason, many parties elect to go this route for the sake of convenience and avoiding drawn-out Sarasota, FL court battles.

The Probate Division of the 12th Judicial Circuit Court of Florida has jurisdiction over matters of wills and estates in Sarasota. To begin the probate process, a probate petition is filed with the Clerk of the Circuit Court of Sarasota County.

Notifying the Court

Notifying the court to open the estate is the next step. The Sarasota, Florida probate law court clerk can handle this step, unless there is a named executor.

After the court receives notification, a scheduled hearing takes place. This officiates the executor appointee and grants him or her legal authority to operate on behalf of the last will and testament.

If there is no will and no designated executor, the court chooses the executor. Making this selection differs from state to state, but generally, the surviving spouse is first in line. After that, any adult children, parents, or siblings receive consideration.

Consolidating Assets

The executor must identify the decedent’s remaining assets. To do this, she or he reviews any related banking or financial documents and any other personal documents that could lead them toward recovering assets. Some examples of documents to collect are insurance records, titles, stock portfolios, and tax returns or filings.

To freeze and later close accounts, the executor must notify any financial institutions with outstanding accounts of the individual’s death in Sarasota. If there are any physical valuables in the decedent’s property, it is not uncommon for the executor to collect these items to prevent theft or damage.

The executor then determines the valuation of each item of the estate. This can be a lengthy process depending on the ease of locating all assets, including real estate, stocks, bonds, etc. Notifying creditors is the next step.

Notifying Creditors

Generally, the executor notifies creditors associated with the estate so they can make a claim if they have outstanding balances. Creditors have a specific time frame in which to file a claim, and this window can vary depending on state law.

The Sarasota executor must publish a Notice to Creditors once a week for at least 2 consecutive weeks in a Sarasota County newspaper. Creditors must submit a written claim against the Sarasota estate within 3 months of the first publication. If the executor serves the Notice to the creditor, then the claim must be made within 30 days. If the executor does neither, a creditor has up to 2 years after the date of death to file a legitimate claim.

Squaring Away Final Payments

The executor pays any funeral expenses (unless the family covers them) and any debts or taxes from the estate. The executor determines which creditor claims are accurate. Then, the executor will square away any outstanding debt to clear the estate of all obligations before assets are given according to the will.

Proceeding With the Court

After valuing all the decedent’s assets and paying all outstanding debts, the executor submits a report detailing all estate spending to the Sarasota, Florida courts. At this point, a judge reviews the materials. Assuming everything is done correctly, they render a decision to clear the executor to move forward with the final step.

Executing the Last Will and Testament

At this point, the executor disperses the assets to the designated beneficiaries laid out in the will. However detailed the will is, this could either be a simple process or it may divide the remaining family. A Sarasota probate law attorney can help you or a loved one avoid these costly mistakes and counsel you on the best course in the event of a family estate battle.

The Sarasota probate process begins when a Petition for Administration is filed with the Clerk of the Circuit Court of Sarasota County. The Court will issue Letters of Administration to the executor, thereby granting the petition. The executor first opens an estate account that serves as a depository for all estate assets subject to probate. Next, the executor will publish a Notice to Creditors, typically in a Sarasota County newspaper. While creditors submit their claims, the executor must inventory the estate, and manage and liquify all of its assets.

After 3 months, the executor will pay any valid claims. Then the executor will pay the estate taxes as well. Then, the remaining assets are given to the appropriate beneficiaries. Finally, the executor files a petition to close the Sarasota estate and discharge themselves from their fiduciary duties.

If there is no last will and testament, the executor assigns beneficiaries in accordance with Florida state laws. Generally speaking, the surviving spouse is first in line to receive any remaining assets. After that, the decedent’s children come next. Any surviving siblings would be next. From there, the executor works down through the surviving family based on their direct relation.

Is Probate Law Necessary?

No. There are alternatives to probating a will, but this really depends on the circumstances surrounding the decedent. For example, the deceased may have established a living trust that circumvents the probate process. The individual may have not owned any assets, thus simplifying the Florida process.

If the Sarasota estate property is worth $20,000 or less, the Disposition without Administration can be used to release the assets to the person who paid funeral or final medical bills. However, if the estate involves any real property in Sarasota, summary administration or formal administration may happen. Requirements to use this process are very strict, so it is always best to work with an experienced Sarasota attorney.

What Are the Differences Between a Living Trust and a Will?

Living trusts are a way to avoid probation. However, this is one of the primary differences between a living trust and a will. Another main difference is that a living trust is only as good as the assets therein. This means that if you pass away without funding the trust with your assets, it is practically worthless. On the other hand, you do not have to fund a will, as you merely choose where to transfer your assets upon your death.

Setting up where your assets go after you die is an important decision. This is why you should consult with a Sarasota probate law attorney to make the correct decision.

Work With an Experienced Local Probate Law Attorney in Sarasota, Florida

Probate law attorneys assist with valuing your total assets and can provide insight into what the best move would be for you. Are you in need of a Sarasota probate law attorney who can help you and preserve the future of your family? We can even help you connect with an attorney across Florida state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced probate law lawyer in your area!

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