Do you need to hire a probate attorney when someone dies?

When someone dies, emotions are high. Family and friends must first generally put their loved one to rest, obtain death certificates and begin the process of sorting out the decedent’s affairs.  Often, it is necessary to hire a probate attorney.  Florida Probate Rule 5.030 requires that every personal representative be represented by an attorney licensed to practice in Florida unless the personal representative remains the sole interested person or the personal representative is an attorney licensed to practice in Florida.  Probate is the legal process by which an estate is opened and administrated.  Information needs to be gathered, assets identified, and creditors are notified.

If there is a Will, then then it must be filed with the court otherwise Florida’s statute for intestacy will control. The court will then appoint a personal representative who oversees administrating the estate and is tasked with taking all steps necessary for the management, protection, and preservation of the estate until distribution. The personal representative must also take control of all the personal property of the loved one, wherever the property is located.  The personal representative’s duties are to collect the assets and debts due the estate, to protect and preserve the estate from loss, to pay claims against the estate, and to distribute the remainder to all of those entitled to it.

What is the first step in gathering information?

You need to identify all your loved one’s assets and gather all of the information you can first.  Here is a helpful list to assist you:

A.        Identify all banking information, locate accounts, passwords

B.        Identify any real property, safe deposit boxes, or assets located outside of Florida and sometimes even outside of the United States.

C.        Locate all deeds, car titles, estate planning documents sich as trusts and wills

D.        Locate recent tax returns

E.        Check the Florida Unclaimed Property Department by accessing https://www.fltreasurehunt.gov

F.         Check unique hiding places in the decedent’s home for stashes of money, gold, jewelry, and other valuables.

G.       Check for Cryptocurrency

H.       Check for and identify Creditor Information such as doctors’ bills, mortgage and car loans, ect.

I.         Check for Social Security Benefits information

J.         Check for Stocks, bonds, brokerage accounts, retirement accounts, 401ks, IRAs, pensions, ect.

K.        Check for Life insurance policies

L.        Check for Safe Deposit Boxes and their contents.

Conclusion

Ideally you want to marshal all assets as timely and as thoroughly as possible so you can begin the probate process so that you only need to do it once.  

Do You Need Help?

Grieving the loss of a loved is something that almost everyone  experiences at some point in their life.  It is important that you have competent representation on your side to help guide you through the probate process.  Call Ormond Beach probate attorney Andrew J. Pascale if you have questions about probating a loved one’s estate. Look for future blogs where we will be discussing valuing and preserving the assets of the estate.This blog does not constitute legal advice and is for illustrative purposes only.