Initial Probate Court Hearing
The executor of the estate will be chosen at the initial probate court hearing in Florida. Even if they will list someone to fill this role, the court still has to review the selection and make the final approval. The court might want to know the relationship, if any, between the executor/personal representative and the deceased.
The executor will need to explain to the court why the will must go through the probate process. It could be because the estate is larger than most or because of the types of assets held by the estate.
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There are situations where the court will need to appoint someone different as executor. This often happens when the person named as executor expresses their wish not to hold the position. Other times, this occurs when heirs of the estate contest the person who was named as the executor. The court will need to hear these complaints and appoint someone of their choosing to handle the duties of the executor.
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Once an executor has been approved, the court will issue Letters Testamentary. These letters provide the executor with access to the estate and its assets. The letters also give the executor the proper power needed to act on the behalf of the estate.
What Happens Next?
At the conclusion of the first probate hearing, and then distributed according to the will. The executor is responsible for finding all the assets of the estate, valuing them, paying all the creditors for the decedent’s debts, and paying taxes for the estate. In order to do this, the executor might have to liquidate some of the decedent’s assets.
The executor is also responsible for making notice to the estate’s creditors and heirs so the estate can pay debts from the remaining assets. This might include sending letters or publishing a notice about the estate in the local newspaper so that any unknown creditors have ample opportunity. This step is required as part of the court process and cannot be skipped.
The Second Probate Hearing
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After all of the required duties of the executor are complete, he or she will file a petition requesting a final distribution. The probate court must approve this petition during the second probate process hearing. This hearing usually occurs anywhere from 10 months to one year after the initial petition for probate was filed with the court. The timeframe will vary based on the complexity and size of the estate and if any issues arose during the initial court hearing.
The next step at the court hearing is for the judge to review everything the personal representative did in the months prior involving the estate to ensure that the executor performed their duties correctly. This includes reviewing how the assets were distributed and if all of the debts were paid using the decedent’s estate. If everything was done as instructed in the will, the judge signs the petition requesting final distribution at the second court hearing and the estate will be closed.
All outstanding bills of the estate must be paid before the judge can sign the petition for final distribution. Tax returns must also be filed and all known creditors need to be issued payment for debts. If just one of these items hasn’t been completed, the probate process cannot be finalized by the probate judge. Getting to this final step is the main goal of the second probate court hearing.
Source: https://t-tees.com
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