There is no requirement after the death of someone to file a probate proceeding, according to Florida law. This law is valid whether or not the person died testate or intestate.
When a person passes without a last will and testament, it is known as intestacy or dying intestate. On the other hand, dying testate is when a person gives with a last will.
What aspects of the law make a case?
When a person dies, intestate or testate is the first aspect of building a probate case. Deciding a will’s validity or whether a choice exists is one aspect that makes a case. Other elements of creating a probate case are determining financial responsibilities and apportioning a decedent’s property.
The court will appoint an administrator or executor if there is a will during a probate case. This personal representative is in charge of asset collection and discharge of any expenses, debts, and eventual distribution. A probate case can take anywhere from 9 months to a year and a half to settle, sometimes longer.
Why you need an attorney
Estate planning can be a tricky thing. We understand that when a loved one passes, then things can seem overwhelming. The professionals working for Davey Law Group are here to help make this stressful time more comfortable. We inform and educate our clients about the probate process to help them through it.