Probate Administration In Ocala, FL
We assist family members each step of the way through probate, which is the court-managed process of distributing the decedent’s assets and property to the decedent’s beneficiaries (or heirs, when there is no will). The probate of a will is called a testate probate, and the probate of a decedent’s estate when there is no will is called an intestate probate. Mr. Camp represents personal representatives (executors) who were appointed in the decedent’s will, as well as those who, because the decedent had no will, must be approved and appointed by the Court.
The personal representative, by law, must be represented by an attorney, and Mr. Camp knows how to represent, advise and assist personal representatives on a step-by-step basis throughout the administration of the probate estate. The personal representative has the responsibility to account for the assets and obligations of the decedent’s estate and is held to a high standard of care in the fulfillment of his or her duties. The personal representative is also entitled to be reimbursed from the assets of the estate for all legitimate out-of-pocket expenses incurred in the fulfillment of those duties.
In some circumstances, the probate estate may qualify for summary administration, which is a shorter probate proceeding in which the appointment of a personal representative is neither required nor necessary. Whether summary administration is a permitted or viable option will depend on the facts and circumstances of each individual case.
If the decedent had a properly drafted and funded living trust, probate may be unnecessary, so the successor trustee(s) will need to administer the distribution and the transfer of the decedent’s assets. Mr. Camp also represents successor trustees in the fulfillment of their fiduciary obligations and transfer of the decedent’s property to the beneficiaries of the trust.
What Is Probate?
The historical definition of probate is, “proving the will.” Probate is the judicial process that establishes someone’s death, appoints a personal representative (or executor), identifies the decedent’s assets, determines the beneficiaries of the assets, deals with the decedent’s creditors, and ultimately distributes the decedent’s assets to the beneficiaries. In Florida, a personal representative must be represented by an attorney. Read More
What Actually Happens During The Probate Process?
During the probate process, the personal representative named in the will, or typically, a family member if there is no will, will seek to retain an attorney. The party involved signs a fee agreement, and the attorney prepares a petition for administration, which will be signed by the personal representative or the person seeking to be appointed by the court as a personal representative. Other documents are also prepared and signed, such as an oath and an affidavit. The documents are then filed, and a probate case is then opened and on record in court. Read More
What Are Some Misconceptions People Have About The Probate Process?
One misconception people sometimes have about the probate process is, that they believe there is no need for probate. People often try to get assets from an estate without going through probate, and then learn that there’s a probate process that needs to be followed before anything gets distributed or allocated to heirs or beneficiaries of the estate. Read More
The Law Offices of Dennis D, Camp serves many areas throughout Central Florida and offers the best advice when it comes to probate administration in, Ocala, FL, and surrounding areas.
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