When people in Florida pass away without wills, their surviving loved ones become preoccupied with figuring out how to distribute or transfer their property. This typically requires going through the probate process. Here is a glimpse at what the probate administration process involves when someone passes away with no will.
The probate court is responsible for overseeing the process of resolving all financial affairs, debts and taxes of those who pass away. This court also makes sure that any remaining assets end up in the hands of the proper individuals. When a deceased person leaves behind property and no will, the probate court also chooses a person to serve as the administrator of his or her estate.
If a certain surviving individual is interested in serving as an estate administrator when no will exists, he or she must usually file a petition with the probate court. The probate proceeding a will generally takes place in the specific county where the deceased person lived. Specifically, if the individual owned a house, it will likely happen in the county in which the home exists. The person petitioning for probate can expect to be granted this role unless a representative who is more suitable comes forward.
Probate administration can be time-consuming and overwhelming. The reason for this is that the process often involves a seemingly endless stream of forms that must be filed and many deadlines that must be met. In addition, an estate administrator may be held liable for any mistakes made during this process. Fortunately, an attorney can provide the guidance needed to navigate this process with confidence in Florida.