There are estate planning methods that can be used to help keep property out of probate court, for example. Depending upon the techniques used for protecting an asset from probate, there may be other legal concerns to take into account. If you have questions about your estate plan or about avoiding probate, contact an estate planning attorney for straightforward solutions that will work for you.
Probate and Estate Administration Info — Miami, Florida, Lawyer
Below you will find some general legal information about probate law and estate administration that may be useful. Our probate administration and litigation firm provides probate services for clients from south Florida, Cuba and throughout South America.
Our lawyer guides clients through probate matters, including will challenges and will contests involving undue influence or other will issues.
To learn how to protect your interests, turn to a lawyer you trust for answers and guidance. Contact Bryant Law Firm: 888-423-7158 or 305-742-0007. E-mail us.
We return all calls promptly. See our other practice areas.
Thank you for contacting Bryant Law Firm. Your message has been sent.
Call us now
or use the form below.
Probate Counsel
Attorney Randy A. Bryant has been representing local and internationally-based clients, in probate matters, including probate litigation, for more than 11 years. Our clients also include non-U.S. resident clients and those in the U.S. without documentation who have inherited Florida property.
Call 888-423-7158 or 305-742-0007. We also can arrange a meeting through e-mail. Se habla español.
Read Probate FAQs.
Free First Meeting — Find the Right Direction
Bryant Law Firm offers free initial consultations so that you can get your questions answered and meet lawyer Randy A. Bryant. We encourage you to call today to discuss your legal concern: 888-423-7158 or 305-742-0007. You may also complete the brief contact form to reach us through e-mail. Se habla español.
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 the will. In addition to locating important documents and notifying Social Security, pension providers, annuity providers and other entities of the death, the executor has numerous other legal responsibilities.
The executor's legal responsibilities include:
- Initiating the probate of the will
- Collecting and inventorying the testator's assets
- Collecting debts owed to the estate
- Paying claims against the estate
- Distributing assets to the beneficiaries of the will
- Closing the estate
These responsibilities can be daunting and time-consuming. If you have been named the executor of an estate, contact Bryant Law Firm to discuss your role and the Florida estate administration process.
Initiate Probate
It is the executor's duty to open up the estate and to begin probate proceedings. Typically, an executor who is not an attorney will hire a lawyer to represent the estate during the probate process, to provide the required notices to interested parties and potential creditors, to obtain required documents (such as the death certificate and an original copy of the will), to deal with will contests, and to close the estate. Attorneys fees and expenses for representing the estate are, like executor fees, charged against the estate.
Inventorying Assets
The executor is also responsible for completing an inventory of the assets of the estate. All probate assets must be collected and inventoried. Also, it may be necessary to have certain assets of the estate (such as jewelry or collectibles) appraised.
Collecting Debts and Payments Owed to the Estate
The executor should check with the decedent's former employer to determine whether there is any unpaid salary or benefits owed to the decedent. The executor must also identify outstanding debts owed to the estate and pursue collection of those debts. Expenses involved in the collection of the debts, including fees associated with hiring a collection agency to collect debts, are charged to the estate.
Paying Claims Against the Estate
Once probate court determines that the will is valid, the executor may begin to pay taxes and other claims against the estate. While paying creditor claims is a task that can be handled by a non-attorney executor, the process of paying taxes on behalf of the estate and of the decedent is often complicated and therefore handled by an attorney hired for the probate and administration process.
Distributing Assets to Beneficiaries and Closing the Estate
Once creditor claims against the estate have been settled, the executor can then distribute the remainder of the estate to beneficiaries in accordance with the terms of the will. When all of the creditors have been paid and the remainder of the estate has been distributed to the beneficiaries, the estate can be closed and the executor can be released from any further duties on behalf of the estate. A court will typically close the estate upon receiving:
- Copies of notices to concerned parties
- Copies of payments to creditors of the estate
- Evidence that remaining assets of the estate have been distributed
Conclusion
Any person over the age of 18 can be named an executor of a will, provided that the person has not been convicted of a felony, and often times a family member or close friend is chosen to serve. However, settling an estate, even a simple one, involves numerous details and technical requirements that are often left to an attorney. If you have been appointed as an executor of an estate, contact Bryant Law Firm in Miami, Florida, to schedule a consultation with an attorney experienced in probate and estate administration.
Copyright ©2009 FindLaw, a Thomson Business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
