Getting Started with the Probate Process
Whether you are the personal representative or someone close to you passed without a will or trust, starting the probate process can feel overwhelming. In Pinellas County, and all of Florida, almost all estates go through probate. And, if you are the one working to settle an estate, the best advice we can give you is to hire a probate attorney. However, you will need to gather paperwork for the probate attorney before you meet with them.
What You Need When You Meet with the Attorney
We understand that it can be hard to find all the documents you need, however, if you can gather as much as possible and bring those items to your probate attorney appointment, it will be easier to start the probate process. In addition to the death certificate, here are some items you should bring to your meeting:
- The will and/or trust
- Bank account information
- Investment/annuity account information
- Life insurance policies
- Real estate title/lien holder information
Eventually you will need a list of all assets and debts. Gathering a list of debts can take time, but those must be settled before the distribution of the estate.
The Probate Process Differs With and Without a Will
One of the reasons we recommend that everyone, no matter the value of their estate, has a will is because dying intestate (without a will) is a more complicated and time-consuming process for those left behind. When there is no will, the court has to appoint an administrator. This person is usually a family member. Anyone interested in acting as the administrator must petition the court in order to be considered and appointed. Once that person is appointed, the probate process begins. When someone has a will, the personal representative (Florida’s term for an executor) typically hires a probate attorney and begins the probate process.
Call Wagstaff & Pitelis When You Need a Probate Attorney
Based in Clearwater, we can help settle any Florida estate, whether there was a will or not. When you need a probate attorney, our team is here to help. And, if you are looking to create an estate plan, our team provides all estate planning services for any size estate. Our services also include medical powers of attorney and living wills. Call us today at (727) 584-8182 or fill out our contact form and we will reach out to you.