Tampa Probate Attorney Services
Probate is the legal process in which the will is submitted to a court for administration after your passing and for accomplishment. If you have the unfortunate circumstance of passing on without a Will or an estate plan then your assets go to Probate Court which is something you want to completely avoid and can with a trust based estate plan. A Probate Attorney in Tampa establishes the genuineness of your Will. This prevents any types of problems if the Will is not properly executed. And chances are if you’ve put your Will together yourself without proper legal counsel, you run the potential risk of this being the case.
Once the Will is admitted to probate, the Court will issue letters to an Executor who has properly qualified to serve. An Executor named in a Will qualifies to serve by filing a form affidavit in which the Executor agrees to perform his or her duties. The nominated Executor must also provide a power of attorney to the Surrogate empowering the Surrogate to accept service of process of claims against the estate. Once the Executor qualifies, the Court then issues letters testamentary.
How is an administrator appointed when there is no Will?
When there is no Will, an administrator, or personal representative is appointed by the Surrogate’s Court. The surviving spouse has the first right to apply for the position of administrator; however, any heir of the decedent may be appointed. When one of several heirs seeks to be appointed administrator, all other heirs must renounce their right to be appointed administrator. In most cases, a surety bond must be furnished to cover the value of the real and personal property in the estate.
After a Will is admitted to probate, the Executor’s Attorney or Executor must mail within 60 days a notice of probate to the decedent’s spouse, heirs and all beneficiaries under the Will. The notice of probate in Tampa should contain the executor’s name and address, place and date that the Will was probated, and an offer to furnish a copy of the Will upon request. Within 10 days of mailing the notice the Executor’s Attorney or Executor should file proof of service of the notice with the Surrogate’s Court. Once notice of probate has been sent and proof of mailing has been filed the probate process is essentially completed.
As you can see there are many exact steps to follow. It is very difficult for a non-lawyer to correctly follow the required procedures in administering an estate without the assistance of an attorney.
Suncoast Elder Law Care in Tampa is here to help.
Contact us for further advice for all your estate and probate planning.