A Practical Guide for Florida Families
Losing a loved one is emotionally overwhelming—but it also brings a series of legal and financial tasks that must be handled promptly and carefully. In Florida, the process of settling an estate involves multiple steps, from filing the will to distributing assets. Knowing what to do, and in what order, can relieve some of the stress during a difficult time.
Step 1: Secure the Death Certificate
The first official step is obtaining multiple certified copies of the death certificate from the funeral home or the Florida Department of Health. These will be needed to close accounts, claim insurance, and begin the probate process.
Step 2: Locate the Will and Important Documents
Search for the original Last Will and Testament, along with trust documents, life insurance policies, and financial records. These documents will determine how the estate is administered and who is responsible for managing it. If a trust is in place, probate may not be necessary for many assets.
Step 3: Determine If Probate Is Required
In Florida, probate is the legal process for settling an estate through the courts. Whether it’s required depends on how the assets were titled and whether they had designated beneficiaries. A probate attorney can assess whether a formal administration, summary administration, or no probate at all is appropriate.
Step 4: Notify Key Parties
Once a personal representative is appointed, they’ll notify beneficiaries, known creditors, Social Security, banks, and financial institutions. It’s also important to monitor the estate for incoming bills and potential claims during the probate process.
Step 5: Protect and Manage Assets
Until the estate is fully settled, the personal representative or trustee is responsible for preserving and managing all assets. This may include paying mortgage payments, keeping up insurance, and preventing unauthorized access to property or funds.
Step 6: Pay Debts and Taxes
The estate must resolve all legitimate debts before assets are distributed. This includes final income taxes, credit card balances, medical bills, and funeral expenses. Florida has specific timeframes and notice requirements for creditors.
Step 7: Distribute the Estate
After all liabilities are resolved and the court approves, remaining assets are distributed to beneficiaries as outlined in the will or trust. Proper documentation and court filings are required to complete this step.
Support for Every Step of the Journey
Yelen Yelen & Simon, P.A. has guided Florida families through estate administration for over 50 years. Whether you need help starting probate or managing a complex estate, we’re here to help. Call (305) 445-3721 or contact us at https://www.yelen-yelen.com/contact/ to schedule a consultation and get peace of mind during a challenging time.