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Florida probate law explained  Uploading ....The lawful process, commonly settled through the courts, in which the assets of a deceased individual are liquidated and dispersed is known as probate. The procedure can be complicated, even for tiny estates, and can often be hard for mourning relatives to manage.
 Although many components of the procedure are common to the majority of states, probate laws vary from one state to another. In certain cases regarding smaller or less complicated estates, some states will allow a simplified version of the process. Otherwise, the formal procedure can prove very complicated and can drag on for months, or even years, and in these conditions the advice of a probate lawyer is generally needed.
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A petition should be filed within 10 days in probate court, in order to open a probate case, following a death. This petition should be accompanied by a will, if there is one, and is normally done by the person selected by the testator in his or her last dying wish. Such person is known as a personal representative or executor, and is usually a probate attorney. The local newspaper will commonly publish the notice of probate.
When the petition is filed, the court will appoint a personal representative to handle the administration of the estate, generally the individual named in the will. In such cases, according to that particular state's intestacy laws, the court will determine lawful heirs and insist on retaining a probate lawyer.
The services of a probate attorney will certainly be needed by the executor or administrator, during the process of estate administration. An evaluation of all the assets and a complete inventory should be carried out and is neccessary, including all property, real estate and financial assets. Creditors will have a specified time period to file their claims on the estate, and this includes those with unpaid bills or other outstanding claims, upon which the administrator will access such claims and pay them off when approved. In the event a claim is disputed, it will then go to litigation and the probate attorney will provide guidance and representation.
Should there be a situation of a dispute, seeking the help of a probate lawyer may be required. There could be a claim that the executor is not competent to carry out the required duties, or the will may be contested, on the grounds that the testator lacked mental capacity, or that he or she was unduly influenced. Before the authorized administrator can distribute any remaining assets among the beneficiaries and or heirs, all claims and disputes must be settled.
Probate can be a very stress filled time for all persons involved. Although such a procedure may seem simple, they still have to deal with such matters in a time of emotional distress and grief, and should lawful complications arise, can all turn into a nightmare for all of those involved. A probate attorney can provide the invaluable support and advice through these very stressful and emotionally difficult times, and will make sure that your loved ones last wishes be completely fulfilled with as little difficulty as possible. Full Article
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