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The Probate of an Estate in the Orlando, Florida Area

Your loved one dies. First, you find that you need the original Will. If you do not have the original Will, you should attempt to obtain it. It may be with the attorney who drafted the Will for your loved one. If you have the Will, then you can find out who has been appointed as the personal representative. If you are appointed the personal representative in the Will, you will need to probate the estate.

Filing Proof of Death

You will need to file the Will with the court and pay the associated filing fee. You will also need to file a Death Certificate without the cause of death. You must also file a copy of the paid funeral bill and a Petition for Administration. 

Other Forms to File

You must serve formal notice to all the beneficiaries of the Will. You must file a Notice of Administration and Petition to Waive Bond. You need to file a Notice to Creditors and Affidavit of No Florida Estate Tax Due. You also need to file an Oath of Personal Representative, Designation of Resident Agent, and Acceptance.

Safe Deposit Box

If there is a Safe Deposit Box, you will need to file a Petition to Open Safe Deposit Box. You want to obtain an Order Appointing Personal Representative and Letters of Administration from the Court. If you become the Personal Representative of the Estate, you will have certain responsibilities. You will need to inventory the Safe Deposit Box in front of a bank representative. You must file the inventory of the safe deposit box with the Clerk. You must also send a copy of the inventory of the safe deposit box to the Department of Revenue.

Control of Assets

Another duty of the Personal Representative is possession and control of assets. You must protect and preserve the assets. You must see that the assets are invested in a prudent and cautious manner. You must identify, collect, inventory, value, secure, and invest the assets of the estate. Further, you must also speak with a CPA familiar with estate income taxation of estates to discuss the tax issues of the estate. 

If you have more questions regarding an Estate Administration matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also check out more information on her website at AnnMarieGildenLaw.com. 

This article is for informational purposes only and does not form an attorney client privilege.