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The following article was published in our article directory on April 25, 2015.
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Article Category: Real Estate
Author Name: Robert Weglewski
Death comes without notice and most often at a time when a person is not prepared to die yet. He has yet to look into properly assigning an automatic successor to his assets. If there was no will or a successor was not mentioned for the decedent's assets at the time of his death, the assets are subject to probate proceedings.
There are Florida probate steps to take if you are to settle probate assets and to give them to their rightful heirs. These steps should stand as a guide as to what things you can do upon the death of a loved one.
Submit the will and the death certificate to the Clerk of Courts. You will need to give them the original copy of the death certificate for them to confirm that the person of interest has really passed on. If there is a will left by the decedent, it has to be authenticated by the court. They have to determine that the will you have is in fact signed and written by the deceased.
The next item on the list of Florida probate steps would be to appoint an executor or personal representative, this would usually be done by the court. Usually, it would be the surviving spouse or one of the children who is appointed. One can also file a petition for administration, if the court hasn't appointed an executor.
Once the personal representative is chosen in the Florida probate steps, the next thing to do will be to research about the deceased's assets. You have to determine the location of the estates and their values. It would depend on the judge, but some courts require a professional appraisal of the estate.
After the appraisal, you should add up the total value of the probate assets. The value you will use will be the value at the time of death of the decedent.
Determine which type of administration would benefit the circumstances most. There are two types of administration according the code of Florida probate. Steps would vary depending on which type of administration is chosen.
Identify the creditors of the decedent. You can also publish the news of the death of the decedent to notify any other unknown creditors.
The personal representative will have to file the decedent's last income tax returns. You must also pay for the remaining dues of the decedent.
Lastly, the executor must divide the remaining probate assets among the beneficiaries. The beneficiaries should be listed on the will. If there is no will, then the remaining assets will be given to the heirs determined by the law (e.g. spouse, children).
The required Florida probate steps in settling a deceased's unsettled assets may look easy but each step would require a good amount of work put into it. You should consider hiring an attorney to assist your during the whole process. This way, you will ensure that there will be no room for mistakes because you have someone advising you on the things you should do.
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