To begin the process, a certified copy of the death certificate of the property or estate owner together with the original will, must be filled in the probate court by the petitioners with the help of wills lawyer Jacksonville. After this has been done, all descendants of the deceased are notified of the petition and if there are no legal heirs the attorney general is notified. This notice must also be published in the local newspapers. It the deadline set by the court passes without any objection, the court proceeds to appoint the executor named in the will.
Once the executor of the estate is appointed, he or she furnishes the court with a list of the inventory of the property due for the probate process. Nine months after the date of death, the executor of the estate must file tax returns. Creditors, on the other hand, are given a year to table their claims against the estate after which the distribution of the estate or properties is done.
Although many people prefer not to go through the probate process since it is lengthy and costly, wills lawyer Jacksonville can highlight the advantages involved in using a probate process for the distribution of properties among heirs. One of the benefits is that it gives all heirs an opportunity to file a claim against the estate and for the wrongly treated heirs to present their case. This process ensures that all disputes are settled before the distribution of the estate. The probate process also ensures that all debts owned by the deceased are settled within three months of being furnished with the probate proceeding notice. Creditors who fail to make their claim within this period lose their right to claim payment.
One of the disturbing and unfortunate scenarios that prevail after the demise of a person is the scramble for his or her properties by relatives or beneficiaries especially if a will was not written. As much as this is disheartening, following a legal process no matter how long it takes is the best way to ensure that all heirs and legatees get what is rightfully theirs as far as properties are concerned. A competent wills lawyer Jacksonville will ensure that the probate process, which is administered by the probate court goes as smoothly as possible.
However, it is good to note that not every property passes through the probate process, which is passing the properties or estates of a deceased person to heirs. Properties that have joint ownership with a surviving partner like joint bank accounts, life insurance, and any property held in trust do not go through the probate process. Wills lawyer Jacksonville will assist you in determining and understanding the nitty gritty details of the probate process.
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