probate rules blog

What is Probate?

The probate rules and procedures seems to many outside the legal world to be a long, drawn-out and expensive process for settling a deceased person’s affairs. Many times the probate may be fairly straight-forward and not require an attorney. You may wish to have a probate attorney review your case. This information is not legal advice and is meant to give you an overview of the process.

What is Probate?
The term probate means “to prove” the will through a proceeding that usually occurs in court. However, a will does not always exist (or is not available) and laws are established in each state to deal with the orderly distribution of assets to those who are entitled to inherit them..

What is Involved in Settling an Estate?
Please go to the Executor page for a detailed description of the duties and liabilities of the personal representative.

1. What personal property and real estate (if any) is owned by the deceased person
2. Pays any taxes or debts that the deceased person may owe (including costs of doing probate), and
3. Distribute all real and personal property which remains to the rightful beneficiaries

This property is said to be owned by the “estate” of the deceased person and must remain so until the judge or other court-appointed person says it may be distributed. However, it is often necessary to sell the property in order to satisfy the debts of the estate to close the probate.

How Long Does It Take to Settle an Estate?
The entire probate rules procedures will differ from state to state and the size and complexity of the “estate.” In some states, small estates may even avoid a formal probate, however the debts must still be paid. The minimum time an estate will likely be open is probably from six months to a year; often more depending on the complexity of the estate.

Probate Real Estate Investing:

1: Probate files are  public record. In US I don’t know of a City or County where probate files are private. Many people think bankruptcy filings and foreclosure notices are private. Wrong!  Probate files are of public record just like Bankruptcy and Foreclosure. You can walk into any county, ask where the probate files are kept and access them with ease. Or better yet access them online in the comfort of your own home.

2: Probate court requires that probate property is sold at “fair market value“.
I could tell you this is not true based on the deals at big discounts. When a probate estate is opened a Personal Representative is put in place. The named executor can sell probate property is the court’s main concern, but not the ‘what’ the property is sold for.

The heirs are getting what is theirs, they can do whatever they want with it. The court wants to make sure the probate estate is settled properly but rarely micromanages the disposition of assets. In some cases property will be appraised, but this is the exception more than the rule.

Here is what you need to know: the overwhelming majority of probate estates allow the heirs to sell the property at whatever price they desire. And when you have a probate property in disrepair, vacant and often being dealt with by out-of-town heirs you have the makings of a great deal.

You can find more on this subject:  

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Here is another source to get a wealth of information ON:
Administration of Wills, Trusts, and Estates

The legal process of the distributing of the estate of a deceased individual is known as probate.
Probate is often a time-consuming and confusing process for those who are involved.
Most people lack a knowledge of the probate process because of inexperience with the process.

Probate is rarely easy, an adequate knowledge and understanding of the process can help decrease stress, and increase your confidence that everything is being done properly. Anyone involved in probate should understand the following:

1 - In cases where a valid will exists, the individual named in the will as the executor is responsible to see that the deceased?s instructions are carried out.

2- In cases where a valid will does not exist, an individual will be appointed by the court as the administrator. The administrator will perform the duties of the executor.

3 - During probate creditors of the estate are provided with an opportunity to place claims for unpaid debt. The validity of those claims is determined by the court. Any claims that are valid will be paid out of the estate.

4 - Probate court is the home of the probate process. Laws and procedures vary from state-to-state. Some states have courts with the sole responsibility of overseeing probate.

5 - Although the length of probate will vary, it will usually last for six months to one year. More complex estates will typically take a greater amount of time.

6 - Inheritance cash advances are available for heirs to estates in probate. Cash advances provide part of the inheritance upfront and help the heir to avoid the long wait required by probate.

One of the web sites to visit for this service is www.americanprobatesolution.com

 Note: this are more  probate procedures to take into account when dealing with probate

1. Notice to Creditors

You must mail a notice of administration to each known creditor of the decedent within two to four months after your appointment as personal representative.

2. Insurance

You must mail a notice of administration to each known creditor of the decedent within four months after your appointments as personal representative.

3. Record Keeping

    a. Keep accounts  You must keep complete and accurate records of each financial transaction affecting the estate. You will have to prepare an account of all money and property you have received, what you have spent, and the date of each transaction. You must describe in detail what you have left after the payment of expenses.

    b. Court review ? your account will be reviewed by the court. Save your receipts because the court may ask to review them. If you do not file your accounts as required, the court will order you to do so. You may be removed as personal representative if you fail to comply.

Step by Step coverage of everything you need to know about probate, including * The basics of probate planning
   * Real and personal property issues * handy sample forms, and more just to mention a few.

 probate rules Notice and Procedure in Adversary Proceedings.

Note: check for proceedings in your Estate.

(1) Petitioner shall serve formal notice.
(2) After service of formal notice, the proceedings, as nearly as practicable, shall be conducted similar to suits
of a civil nature and the Florida Rules of Civil Procedure shall govern, including entry of defaults.
(3) The court on its motion or on motion of any interested person may enter orders to avoid undue delay in the
main administration.
(4) If a proceeding is already commenced when an order is entered determining the proceeding to be adversary,
it shall thereafter be conducted as an adversary proceeding. The order shall require interested persons to serve
written defenses, if any, within 20 days from the date of the order. It shall not be necessary to re-serve the petition
except as ordered by the court.
(5) When the proceedings are adversary, the caption of subsequent pleadings, as an extension of the probate
caption, shall include the name of the first petitioner and the name of the first respondent. Answers