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The following article was published in our article directory on April 28, 2015.
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Article Category: Home Management
Author Name: Robert Weglewski
When a loved one dies, those who are left behind must face the task of settling any of his unsettled assets. Before you can file a petition or probate to distribute the assets in the estate, here is a final checklist you have to go through.
In the Florida probate checklist, the first item on your list is the death certificate. You will need the original and certified copies of the certificate. These documents will have to be sent to the Clerk of Courts.
Next would be the decedent's will and testament. If you do not have it with you, then you have to find it. If you already have it, then you should have it authenticated. The court will have to acknowledge that this is the will your loved one left behind.
Also on the Florida probate checklist is the list of names of the beneficiaries specified in the will. This, in effect, tells the court about who the deceased wants his assets to be distributed to.
The Florida probate checklist also includes the list of the people he owes. You have to make a list of his liabilities, his debts and any outstanding bills. Do not forget to take a look at his taxes as well. It is also the personal representative's job to pay for the decedent's remaining and final tax. In order to do, that you must also compute and file his income tax returns.
After the list of the beneficiaries and creditors, it's time to make a list of the assets of the decedents. Make sure that you get the right information about the estate and the values of its assets.
One priority item in the Florida probate checklist should be to hire an estate attorney. Hire someone who knows what he is doing. He should be able to give you wise legal advice and settle all issues concerning the probate proceedings.
Furthermore, you must file for a petition for administration. This is only applicable if and when there is no indication in the will as to who the decedent wants to appoint as his executor. A petition for administration is basically a way of volunteering yourself to be the one to handle the assets of a decedent. An approval or oath for administration is also very important.
There are other legal documents in the Florida probate checklist such as the petition to waive the bond, permission from the beneficiaries assigning the petition as the administration, order to appoint the petitioner to be the executor, etc.
Once you've marked all the items on the checklist and have sent the needed documents to the departments that need them, the next thing for you to do is to wait for a response from your estate lawyer. They would contact him when they recognize the authenticity of the will and testament, when they appoint you as the personal representative, and when they issue letters of administration.
Finalizing the requirements before filing any form of petition or motion will make it easier for you. Delays would be avoided since you already have the documents on hand. This can only be done when you are properly guided by a good lawyer who specializes in probate law and proceedings.
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