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Probate Process Flow

Formal Probate Administration Process Flow

I put together this chart to help illustrate that the Formal (Probate) Process is a multiple-step process.   

Simplifed-Probate-Proceedings.pdf
Law Office of Shawn C. Newman Probate Process Flow

No two probate administrations are the same, just as no two people.  I believe that the best way to break down the Probate Process is to think about it in three distinct phases:

  1.  Phase 1 - Initiation of the Estate
    1. Admitting the Last Will and Testament (or Affidavit of Heirs) to the Court
    2. Admitting a Proper Death Certificate for the Court (showing Jurisdiction)
    3. Filing a Petition for Administration by someone requesting to be the Personal Representative of the Estate, with an adequate showing as to why the Circuit Court should appoint the person. and that the person has the right priority or has obtained waivers and consents from persons with higher priority rights to serve.
    4. Giving Proper Notice at the start of the Administration for All "Interested Parties."
  2. Phase 2 - Administration
    1. Dealing with Creditors
      1. Noticing All Ascertainable Creditors, including the Florida Agency for Healthcare Administration (if legally required by the Decedent's age)
      2. Publishing a Notice to Creditors in the local business journal, where legal notices are published
      3. Turning in proof that a diligent search for ascertainable creditors has been made, and that they were formally noticed of the Estate Administration Proceedings.
      4. Turning in proof that the property Notice to Creditors was published with an Affidavit and the first publication date.
      5. Defending against unlawful claims through the formal objection process
      6. Settling or compromising lawful claims according to the Florida Statutes and Probate Rules
    2. Marshalling the Assets
      1. Collecting the various assets from Banks and securing them in an Estate Account
      2. Taking Possession of Real Property, and ensuring that they are safeguarded
      3. Determining if any assets are protected or exempt assets, such as personal property, automobiles, etc., are protected under the Florida Statutes and Probate Rules.
      4. Filing an Inventory of the Personal Representative and distributing the information to those interested parties legally entitled to this information.
      5. Turning in proof that the inventory has been properly distributed to the court.
    3. Settling Tax Liability for the Decedent
      1. Paying Final Taxes or Filing a Final Tax Return 
  3. Phase 3 - Closing the Estate
    1. If the Estate is Solvent, then:
      1. dd
    2. If the Estate is Insolvent then:
      1.  

This is just a rough guide to the process of Formal Probate Administration.  It should not be interpreted as legal advice, as your situation is likely different, but illustrative of the types of issues that must be dealt with from start to finish of a probate estate administration.

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The Law Office of Shawn C. Newman, P.A. is committed to answering your questions about Estate Planning, Powers of Attorney, Wills, Probate, Trusts, Estate Planning Tax Returns, Estate Litigation, Private Annuities & Charitable Trusts, Guardianship, Conservatorship, and Contested Will Litigation law issues in Florida.