Timing considerations involved in starting a probate proceeding. First off, as the statute says, if there’s a will and you have it in your possession, you’re supposed to file it with the court in whatever location or county in which the person died. Once it’s filed with the clerk, does not commence the probate proceeding, and so if you do nothing, the time period for creditors to file their claims is two years so if you wait for two years to expire, you can then file what they call a summary administration to have all the assets distributed to the beneficiaries.
If you wish to undertake administration of the estate, it’s whenever you contact the attorney, bring him in what the assets are, the names and addresses of the beneficiaries and the creditors’ information, and then you can commence a probate administration as soon as there’s a death certificate and the regional will is filed with the court.
If you have any questions about probate and the time periods involved, well-
Can anyone find out what assets are in an estate when it is probated? The answer to that question is no. Only the beneficiaries are entitled to see the inventory of the assets. The inventory and a probate proceeding is sealed, so that only the interested parties, or the lawyers for the executor and the beneficiaries can access it. And so only the beneficiaries are entitled to know what’s in the assets of the estate. And so that inventory is sealed.
So if you have any questions about probate and whether or not you’ve been left anything, the will is public record. The first thing to do would be to determine if you are a beneficiary. If you’re not, well you’re not entitled to know what’s in the estate, as well as the bad players out there that are trying to target people that maybe inherit a lot of money.
So if you have any questions about probate, give me a call at 727-847-2288.
The will says that I’m the personal representative. Do I need to probate the will? Well, whether or not you have to probate the will is if the decedent with assets in his name alone, and that would be the determining factor as to whether or not the will must be admitted to probate, and you’d be appointed by the court to serve as the personal representative. And so, it’s not whether or not you’re designated as the personal representative as to whether or not the will needs to be probated. It’s whether or not the decedent died with assets in his name alone.
If he died with assets in his name alone, well then you do need to contact an attorney to see about opening a probate administration, and you’re designated as the personal representative, and have the court appoint you, an issue which called Letters of Administration, so that you can collect the assets, pay the creditors, and distribute the assets to the beneficiaries.
If you have any questions about probate or wills, well give me a call at 727-847-2288.
What is formal administration? Formal administration has to do with the probate proceeding wherein a personal representative is appointed to administer the estate of the decedent. That is the formal administration, which takes about four to six months for a simple probate administration, and that the personal representative must file a notice to creditors that runs for three months, and after which then they can start winding up the probate administration, but it has to stay open a minimum of three months to determine if there are any outstanding creditors.
There’s another proceeding, which is called a summary administration whenever there’s no creditors or two years has passed since the decedent has passed away. And then you can file a summary administration, which means all of the assets would be distributed to the beneficiaries and since there are no creditors or the creditors’ claims have been barred after two years. If you have any questions about probate proceedings, well give me call at 727-847-2288.
How do I get my money from a probate estate released to me?
Well, first off you should be receiving a notice of administration in a probate proceeding that lets you know that you have an opportunity to challenge the will and that will come from the personal representative and the attorney handling the estate. Also, you should receive the inventory, and depending on how many claims there are, the claims period takes approximately four to six months, four months here in Florida, three months from the date of first publication. So you might want to give the administration about six months before you can start anticipating they’re going to start trying to wind up the estate. And also, whether or not they have to liquidate the assets in order to make distribution. In Florida you’re supposed to administer the estate within one year and then you would, if they do, you should receive the petition for distribution and discharge, which shows what the expenses are, the accounting and how much your share is.
Now, if you’re not hearing anything from anybody as far as the estate’s concerned, you may want to contact an attorney and have him contact the personal representative or the attorney, and find out what’s going on or when you can anticipate being paid. There is a procedure or statute that you can file to force the distribution of the assets. I don’t know that I’ve filed one of those, usually I go about that on trying to encourage the other lawyer to get the estate administered or get a reason for that.
So if you have any questions about your probate proceeding, a probate proceeding, give me a call at 727-847-2288.