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Florida Homeowner Solutions is here to help you and your family get through this difficult time.
When a loved one passes, we understand it’s a tough time for their spouse, children and family members, who are tasked with cleaning up financial and other matters while they are grieving. Unfortunately, that’s the exact time when some families are faced with the most difficult process; The Probate process.
Probate is a legal process of disseminating the deceased’s property and assets. While it may seem like that’s a simple and linear affair, it actually can cause huge delays, headaches, and even significantly erode the wealth that’s passed to heirs if not undertaken correctly.
At Florida Homeowner Solutions, we make this process easier every step of the way.
1
Florida Homeowner Solutions helps determine who are the rightful heirs.
2
Florida Homeowner Solutions offers cash at fair market value.
3
Florida Homeowner Solutions pays the Probate Attorney fee to get the Probate process completed.
Once Probate is completed, Florida Homeowner Solutions will purchase the property and the family will receive their portion of cash for the property. FHS will make sure that all mortgages, liens, and property taxes are paid so the family will no longer be burdened.
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The Probate Process
When someone dies, probate is a legal process that makes sure their assets, property, and possessions go to where they were intended – the right people. Through this process, any outstanding debts or taxes are also paid off.
Now, here’s the key point when talking about probate; if you have a valid (and written) will, that's been executed (signed) correctly in the presence of a witness, the instructions in that document are easy for the courts to follow.
That’s the best-case scenario, and the heirs will receive the property, money, or items that they were intended to per the wishes of the deceased.
However, too often, the deceased person didn't have a clear, written, signed, and correctly witnessed will, so the legal process of probate gets muddled and far more complicated.
When is Probate Necessary?
Probate is needed in all situations and cases when someone passes away. That's true whether they have a clear will or no instructions or directives at all.
So, in each situation, probate dictates the distribution of property and assets to the beneficiaries named in the wills, whether those are a spouse, children, extended family, or other heirs.
Although probate may be necessary in all cases when someone dies and passes property to their kin, if there's a will in place, the process generally runs exponentially smoother, faster, and costs a whole lot less.
Why Does the Probate Process Move so Smoothly When There’s a Will?
A probate judge oversees the whole process, making sure everything is conducted legally, correctly, and expeditiously.
When there's a will on file, the probate judge's job is far easier and the outcomes are measurably better for the family and heirs, too. With a will, the probate judge just has to:
- verify its validity, and
- legally authorize the directives in the will to be carried out.
It's worth noting that the probate judge also works closely with a representative from/for the family or heirs, who can be a personal representative or the executor if there wasn't a will.
So, when the probate judge validates the will, he or she grants legal permission for the executor to carry out the responsibilities that it covers.
The judge formally follows up with the executor of the will to make sure those directives were carried out and the wishes in the will are completed.
That's it! Simple, right?
That all gets far more complex and arduous when the deceased person didn't leave a will, and the probate process has far more steps.
The Probate Process When a Will Does Not Exist
We'll explain this more in-depth further along in this article, but I wanted to demonstrate why it's so important to have a will.
When someone passes away and there is NO will, here is a quick snapshot of the process:
First, the probate judge will appoint a personal representative from the family or heirs, who is the person that will handle legal affairs and communication with the court. This personal representative plays the same part as the executor when a will exists.
Next, the court carefully estimates the value of the entire estate, which is the value of all property, assets, investments, but also liabilities like debt and taxes.
The court will actively seek out any creditors to the estate as well as potential beneficiaries.
Since there is no will that directs the distribution of those assets, the court will also dictate a fair method of distributing anything of value to heirs.
That may not seem like a long, arduous process, but the probate process can take months and months, require significant time and energy, frequent communication with the court and just as importantly, chip away at the actual value of the property that finally is passed on to beneficiaries.