Losing a loved one is an overwhelming experience. Navigating grief and the complex emotions that come with it, mourning with family, and coping with the demands of daily life is a lot for any person to handle. On top of it all, there is the administrative burden that follows bereavement: arranging a funeral, closing bank accounts, obtaining death certificates, and meeting with a probate lawyer. Unsurprisingly, many people struggle to cope with this heavy load and don’t know how to begin tackling it. To try make things a little easier for you, we’ve put together a list of all the documentation you should take with you to your first consultation with a probate lawyer.
What Is Probate?
Before we discuss the documents that your lawyer will need, it is useful to provide some context to the probate process overall. Under Florida law, if a person passes away while owning assets in their own name at the time of their death, their estate will need to be ‘probated’. Probate is a court-supervised process in terms of which all the deceased’s assets are identified and distributed to their heirs, once all creditors’ claims to the estate have been paid.
Probate is a mandatory process that applies regardless of whether the deceased left a will. However, some estates are able to avoid probate through the use of trusts and other estate planning mechanisms that have been drawn up by a wills and trusts attorney.
What Is The Role Of A Probate Attorney?
In Florida, all estates being probated must be represented by a ‘personal representative’ (in some jurisdictions, the personal representative is called an ‘executor’). In most cases, Florida law requires that the personal representative hire a probate attorney to guide and represent them throughout the probate proceedings.
The personal representative must meticulously identify all of the deceased’s assets – including real estate, motor vehicles, bank accounts, investments, and so on – and assume control of those assets while probate is underway. They must also identify the estate beneficiaries (those who stand to inherit from the estate, whether in accordance with intestate law or the deceased’s last will and testament) and any estate creditors. In terms of Florida law, it is the personal representative’s duty to settle any debts owed by the estate, pay any estate taxes, and thereafter distribute the remaining assets to the estate beneficiaries. In practice, the probate lawyer hired by the personal representative will discharge these duties.
Why Do I Need To Take Documents To My Consultation With A Probate Lawyer?
Since the first thing your lawyer will need to do is identify and safeguard the assets of your loved one’s estate, you must provide them with all relevant information and documentation relating to your loved one’s property. They’ll also need certain documents to help the personal representative apply to the court to be officially appointed as representative of the estate. While your attorney will continue to request certain documents from you as probate progresses, there are several documents that you should take to your first consultation to help get the ball rolling.
What Documents Should I Take To My First Consultation?
If possible, you should take the following documents with you to your first consultation with a probate attorney:
- Death certificate: you should bring a ‘short form’ death certificate to the consultation (this is the type of death certificate that does not show the cause of death). Death certificates can be obtained from your local Department of Health Office.
- Will and trust documents: take any wills, codicils, and trust documents left by your loved one with you. If you are uncertain which will is most recent, take all the wills and other testamentary writings that you find in your loved one’s place of residence.
- Contact information: take a list of the names, addresses, and contact details of all the beneficiaries named in your loved one’s will with you (if applicable). You should also provide the name and contact details of the personal representative nominated in the will (if this isn’t you).
- Inventory of the estate: before the consultation, you should make a list of all your loved one’s property, including any real estate, motor vehicles, boats, bank accounts, investments, stocks, collectors’ items, and valuable artworks. You should also try to ascertain whether any legal claims form part of your loved one’s estate – for example, a personal injury or wrongful death claim. Take this list with you to the consultation with your probate attorney and keep a copy for your own records.
- Debts and liabilities: take a list of your loved one’s debts and any documentation relating thereto – for example, a mortgage, loan agreement, or statement of credit card debt. You should also think about whether your loved one had any other legal liabilities, such as the obligation to pay child or spousal support, or a judgment debt that they were required to settle.
- Property deeds: if your loved one owned or co-owned real estate, take any property deeds (whether the property is situated in Florida or not) and all documentation relating thereto (such as mortgage agreements) with you to the consultation.
- Financial statements: compile all the recent bank statements, investment account statements, retirement account statements, and documents relating to safety deposit boxes that you can find. If your loved one has any stocks, take the stock certificates with you to the consultation too.
- Life insurance policies: if your loved one had any life policies, take the policy documents with you, as well as the names of the beneficiaries of the policies.
- Tax returns: take any recent tax returns you can find, along with any other tax-related documentation.
- Business interests: if your loved one was involved in any businesses, take all documentation relating to their business interests with you. This could include partnership agreements, shareholder agreements, and share certificates.
Ideally, you should take the originals of the documents listed above. This will allow your probate lawyer to verify the documents and make the necessary number of copies. If you find any other documents that appear to be related to the financial and property affairs of your loved one, and are unsure of their relevance, take these with you just in case.
It’s a good idea to discuss the fact that you will be looking for these documents with other family members. During a period of grief, emotions are heightened, and some family members may react badly to steps being taken without their knowledge. Even if you have been nominated as personal representative in your loved one’s will and have a legal duty to collect these documents, it’s still a good idea to let other family members know that you will be gathering documentation related to your loved one’s estate to hand over to an attorney.
Trusted Probate Attorneys In Coral Springs
At the Law Offices of Gary I. Handin, P.A., we have helped countless families in Broward County through the probate process. We have decades of experience in probate law and are renowned for our depth of legal knowledge and skill, meticulous attention to detail, and compassionate client service.
With our probate lawyers by your side, you will have the utmost peace of mind that your loved one’s estate will be expeditiously probated, so you can focus on supporting family and looking after yourself during this difficult time.
Contact us at 1-877-815-4560 today to arrange a consultation or find out more about our probate law services.
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