What is probate? When an individual owns assets at the time of his or her death and has failed to name a joint owner or beneficiary on the title of such assets, there must be a court determination of who is legally entitled to those assets.
If the individual has prepared a valid will prior to his / her death, the appointed estate representative will need to retain an attorney to prepare the necessary paperwork. The court-appointed attorney acts as the legal representative of the deceased individual’s estate.
If the decedent did not prepare a will prior to death, the legal heirs can designate an estate representative that they would like appointed by the court to administer the deceased individual’s estate.
Once the court has appointed a representative of the estate, called a “Personal Representative”, the representative will be responsible for the collection of the estate assets and payment of the creditors’ claims. They will also be responsible for the final distribution of the remaining assets to the beneficiaries (if the decedent had a valid will which has been admitted to probate) pursuant to the will or the appropriate heirs (if the decedent did not have a valid will admitted to probate) in shares determined by the intestate statute.
In addition to the administration of the estate assets, there may need to be a court's decision on the decedent’s homestead property and whom the title is vested in at the time of the death.
My office will help you through this process from beginning to end. In addition to the preparation of the paperwork necessary to appoint a person as the legal representative of the estate, I can assist with liquidation and / or the transfer of estate assets.
The process can be a difficult one. At Patricia A. Baldwin, P.A., I have been practicing in the area of estate administration for a period of 20 years and will represent you in the proper administration of the estate.
Patricia A. Baldwin, Esq.
8000 S. Federal Hwy, Suite 300,
Port Saint Lucie, FL 34952
Located in the TD Bank Building (South of Prima Vista Blvd)
Phone: 772-336-1661
Fax: 772-336-1556