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I am sorry that a death in your family has occurred.

It is important that you understand that there are legal ramifications to death, and that there are legal matters that must be taken care of at the same time that you are taking care of your grief.

After reading the following, brief informational brochure you will dearly see that you need the assistance of an attorney to help you navigate the complicated procedures which, unfortunately, accompany death.

One of the first terms you will come in contact with is "the decedent." This is the name used to refer to the person who has passed on. The distribution of his or her assets is usually achieved through a procedure commonly known as "probate,t' accomplished in the Circuit Court.

One thing you can do before you contact an attorney is to locate the last will and testament of your loved one. It may be in a drawer, or on file at his or her attorney's office. If the will is in a safe deposit box you will probably need assistance of the Court to open the box and retrieve the will.

The next step to be taken is the filing of the last will and testament of the decedent with the Clerk of the Circuit Court in the County of the residence of "the decedent."

If the decedent left a last will and testament, it is most likely that an executor or a personal representative was named in the will. This executor or personal representative has quite a few responsibilities. Among others, it is the responsibility of the personal representative to have the will "probated" in the Circuit Court.

If the decedent died without a will, he or she has died "intestate." After a petition has been filed, the Court will appoint a personal representative (usually a family member) to take care of the probate of the decedent's estate.

Basically, the personal representative gathers and protects all of the assets of the estate, collects all of the debts and claims against the estate, and prepares and submits the federal and state estate tax returns and pays those taxes. It is important to seek legal advice before any claims are paid.

If there was a last will and testament, the will usually directs the personal representative as to specific bequests, and how to distribute "the residuary estate." Again, it is important to seek legal advice before any assets are distributed. If there was no will, Florida law has set out who the "intestate heirs" are and what portion of the estate they will receive.

There are a variety of methods by which the decedent's estate is administered in probate court. What determines the method chosen depends upon, among other factors, the total amount of the estate and whether the decedent had a last will and testament.

The time span involved in "probating the estate" can range from weeks to months to even years, depending on a variety of factors. Rest assured that whatever time is involved is necessary to ensure that the wishes and property of your loved one are dealt with appropriately.

Once the estate has been probated, and the personal representative's duties are finished, the Court will "close the estate" and "discharge" the personal representative.

This is a very abbreviated description of what probate entails. I will be glad to speak to you should you have questions regarding my legal assistance in the probate procedure.

I am a "family practitioner" -- my practice is one where I aspire to assist your family through all of life's major legal events, from birth through death. I am available to consult with you regarding marriage contracts, adoption, real estate transactions, contract formation and litigation, the formation of various business entities, appearance in traffic court, the dissolution of marriage, the preparation of wills, living wills, guardianships, and the probate proceedings after death, among other issues.

If I can be of assistance to you, please feel free to call me at (813) 221-1174.

T he hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask me to send you free written information about my qualifications and expertise.

Contact Gretchen-Elizabeth for more information!

Courtesy of

Gretchen-Elizabeth

Attorney and Counselor at Law

E-mail: yourattorneyge@yahoo.com (813) 221-1174

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