Probate Administration Information Center
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Frequently Asked Questions about Probate and Estate Administration
Q: What is probate?
A: Probate is the court procedure by which a will is proved to be valid or invalid. Creditors of the estate are provided the opportunity to file claims against the estate and receive payment of those claims. After the administration fees, taxes and creditor claims are paid, any remaining assets of the estate are distributed to the beneficiaries.
Q: What is a will contest?
A: A will contest is a legal action that challenges the validity of a will and/or the terms of the will. A will may be invalid if it was the result of forgery, undue influence, inadequate execution, or other issues. A later will may invalidate an earlier version.
A will contest can result in a significant delay in the distribution of a loved one's assets, and can also be expensive. The costs of a will contest are paid out of the estate, which may significantly deplete the available funds. If you are concerned that a will may be subject to a will contest, contact an experienced probate and estate administration attorney today.
The Probate Administration Process
Many people fear the probate process and may even feel intimidated by the process. But properly done, probate administration can be accomplished in an orderly and cost-efficient manner. The attorneys at Barreto & Romero, P.A. work closely with the personal representative to guide the representative through the process and wrap up an estate as quickly and efficiently as possible.
We can also explore ways to avoid probate altogether, through the creation of living trust or other estate planning vehicles.
Additional information about our probate services can be found on our Probate Administration page.
For a free initial consultation with a lawyer at Barreto & Romero, P.A. call (305) 358-1771 or send us an e-mail. Located in Miami, Barreto & Romero, P.A. serves clients throughout South Florida in estate planning, administration and litigation matters.
Answers to many questions about the probate administration process appear below.
Probate and Estate Administration - An Overview
Estate administration refers to the process of probating the estate of a decedent, which generally includes collecting, inventorying and appraising assets; paying and collecting debts; filing and paying estate taxes; and distributing any remaining assets to beneficiaries. An experienced probate and estate administration attorney from Law Office of Barreto & Romero, P.A. in Miami, Florida, can help simplify this complicated process. If you need help in the administration of an estate, call Law Office of Barreto & Romero, P.A. today.
The Probate Process
Probate is the court process used to determine the validity of a will and oversee the payment of creditors and distribution of estate assets. Even if there is no valid will at the time of death, the estate will still go through the probate procedure. Since probate is regulated by state laws, there are specific procedures proscribed by each state for carrying out the process.
Role of the Executor
An executor is the person named by the creator of the will (the testator) to carry out the terms and provisions of his or her will. In addition to locating documents left by the testator (i.e., wills, trusts, deeds, etc.) and notifying Social Security, pension providers, annuity providers, and other entities of the death, the executor has numerous other legal responsibilities.
Avoiding Probate
Assets disposed of outside the probate process are part of the non-probate estate. Since a probate proceeding is not required, these assets are distributed more quickly to the appropriate beneficiaries. Many people seek out these assets and ownership models in order to save their loved ones from the difficulties associated with going through the probate courts.
Will Contests
The fact that a person (the decedent) leaves a will does not guarantee that the decedent's property will be distributed according to the will's terms. A court generally must provide an opportunity to allow others to object to the will, and a challenge may be brought by anyone with an interest in the will who believes the document is invalid in some way. A will contest is an action challenging the validity of the will and is commonly governed by state statutes.
