Someone You Love Has Died. What Are You Supposed To Do Now?
The first days after a death can be incredibly disorienting. While making funeral arrangements and contacting relatives, you may also be sorting mail, checking on a vacant home, and trying to locate important documents. Before long, practical and legal questions begin to pile up.
Where is the original will? Who has authority to access an account? Does the mortgage need to be paid? Can the car be sold? What should happen to the bills that continue to arrive?
Most people have never administered an estate, so they are unsure which tasks are urgent and which can wait. Advice from relatives and friends may add to the confusion, particularly when they are unfamiliar with the estate or Florida probate law.
You do not need a complete set of records before consulting an attorney. Start with what you can find. At Phillip A. Roach Attorney at Law, I can review the available information, help you establish priorities, and explain the steps ahead.
What Probate Does
Probate is a court-supervised process for handling certain property and financial matters after someone dies. Among other things, the process may involve identifying estate assets, resolving valid debts, and distributing the remaining property to beneficiaries or heirs.
Before anything can be distributed, it is necessary to determine which assets belong to the probate estate. Property does not all pass in the same way. A bank account held solely in the deceased person’s name may require probate, while an account with a valid beneficiary designation may transfer directly to the person named. Real estate, jointly owned property, life insurance, retirement accounts, and assets held in trust may each be treated differently.
For that reason, a will does not necessarily control every asset. The title on the property and any beneficiary designation may determine who receives it, regardless of what the will provides.
Dying without a will also does not mean the estate automatically belongs to the State of Florida. Florida’s intestacy laws determine which relatives inherit probate property. A probate proceeding may still be required to identify those heirs and transfer the assets.
You Have Been Named Personal Representative. What Does That Involve?
In Florida, the person responsible for administering a probate estate is called the personal representative. In other states, this role is often referred to as the executor.
A nomination in the will does not give you immediate authority to act. You must first be appointed by the court. After appointment, your responsibilities may include locating and protecting property, addressing creditor claims, paying authorized expenses, maintaining records, and distributing assets when the estate is ready to close.
The work can become complicated quickly. A family member may be living in the deceased person’s home. Property may need to be appraised or sold. Tax returns could be outstanding, and unfamiliar bills may appear. Meanwhile, beneficiaries may want to know when they will receive their shares.
Distributing property too soon can create problems. Debts, taxes, administration costs, and other obligations may have to be resolved first, even when relatives are eager to receive their inheritances.
I can explain your duties, prepare the required court filings, and guide you through the administration in the proper sequence. Since 1988, I have helped clients carry out legal responsibilities carefully and avoid preventable difficulties for their families.
The Probate Process Depends on the Estate
Probate does not always take years. Lengthy proceedings are possible when an estate is contested or unusually complex, but many estates do not fit that description.
The appropriate procedure depends on several factors, including the nature and value of the probate assets, outstanding debts, the condition of the will, the number of beneficiaries, and whether disputes exist. Florida offers different forms of probate administration, and some estates may qualify for a shorter process.
A person can also leave behind substantial property with relatively little subject to probate. Assets held in trust, owned jointly, or connected to beneficiary designations may transfer outside the probate estate.
Before deciding that an estate will be quick and simple—or assuming that it will become a long ordeal—it is worth reviewing the documents and ownership records. I can examine those details and explain which process may apply.
When Family Members Disagree
Probate is more difficult when relatives question one another’s actions or intentions. A beneficiary may suspect that property is missing, challenge the validity of the will, or object to the proposed personal representative. Long-standing family tensions can resurface when decisions must be made about a home, personal belongings, or money.
Some concerns arise because beneficiaries do not have enough information. They may not understand why a distribution must wait or why the estate is paying a particular expense. Timely communication and accurate records can often keep uncertainty from developing into a larger dispute.
Other disagreements involve genuine legal issues and cannot be settled with an explanation alone. Those matters should be addressed through the probate process instead of being allowed to linger.
My role is to explain the applicable law, identify the work that must be completed, and help the administration continue moving forward. I handle each case personally and provide direct advice when an issue needs attention.
Begin With the Information You Have
After losing a family member, you may be facing a pile of documents without knowing where to begin. That is common, and you do not need to sort out everything on your own before seeking help.
If possible, locate the original will. Gather any trust documents, deeds, account statements, bills, and records related to life insurance or retirement benefits. When something is missing, write down whatever you know about it.
Call Phillip A. Roach Attorney at Law in Bonita Springs, Florida, at (239) 990-2024 to schedule a consultation. I serve clients in Collier, Lee, Hendry, Glades, and Polk counties and can help you take the probate process one step at a time.
