General Questions and Answers about Probate
by
Jose Manuel Lorenzo on Aug. 11, 2018
Summary: These are some basic questions and answers about Probate.
- What is probate? Probate is the legal process used to administer a person’s estate after death. In Florida, the probate courts also hear cases involving guardianship and determinations of incapacity.
- Why is probate necessary? In the context of estate administration, probate is necessary whenever a person dies either: (i) without an estate plan, or (ii) with an estate plan that includes a will.
- I’m a personal representative. What does that mean? If you have been designated as someone’s personal representative, this means that you have been chosen to take responsibility for administering his or her final affairs through the probate process.
- Why does the personal representative need an attorney? Most personal representatives have never been through the probate process. If you have been designated as a personal representative, an attorney will be able to help you carry out your duties while avoiding mistakes that could result in legal liability.
- What rights do I have as a surviving family member during probate? Your rights as a surviving family member are too many to list. At a very basic level, you have the right to understand the terms of your loved one’s estate plan, and you have the right to protect your inheritance through the judicial process.
- Is probate expensive? While probate can be expensive, it does not have to be. Especially for smaller estates, probate can be a relatively quick and straightforward process.
- How can I challenge a will? Formally challenging a will involves filing a petition in court. However, before you decide to challenge a will, you should be sure to discuss all of the potential implications with an experienced attorney.
