Documents Needed for a Probate Action at Our Coral Gables Office
Filing a formal petition for probate is essential for ensuring that the proper heirs receive assets according to the terms of a will or intestacy ruling. Even so, only certain parties have the authority under state law to file these petitions, and they must provide thorough information along with the formal petition to start the process. This includes information about the decedent, all possible heirs, creditors, and the will itself, if it exists.
A well-versed lawyer can provide more information about the documents needed for probate at our Coral Gables office. Many of these documents serve as a key to initiating the process. Others are necessary in the future but are still essential when informing the court about how probate is likely to proceed. Talk to a skilled probate attorney now to learn more about this legal process.
The Process Behind Initiating a Probate Action at Our Coral Gables Office
Florida Statute §733.202 states that any interested party has the ability to request that a court initiate these proceedings. However, it does not help determine what this petition must contain.
Probate determines the property rights of heirs. It also allows creditors to collect on debts and empowers an estate administrator to oversee the procedure. As a result, a complete petition for initiating a probate at our Coral Gables office contains information relevant to each of these parties, as an accomplished lawyer could further explain.
Proof of Death and Final Wishes
Probate occurs after a person dies. Naturally, the court wants proof of death. The most efficient and common way to demonstrate this concept is by including an original death certificate. It is best to acquire this document as soon as possible.
Attach the Original of the Last Will and Testament
The purpose of a will is to inform a probate court about a person’s desires for their property after their death. As a result, presenting the original of the will along with the petition for probate is essential at our Coral Gables office. The original should have wet signatures from the testator as well as all attesting witnesses. It may also include a notary’s seal or stamp. A lawyer could help to locate these original documents and obtain them from a law office or safe deposit box.
Present Information about Creditors, Heirs, and Assets
Much of the difficult information to gather concerning the decedent includes data about their financial situation. A petition should include a preliminary list of assets as well as the relationship of the petitioner to the decedent.
The petition should also include a list of heirs named in a will and those who might stand to inherit property if there is no will. This allows all parties to become aware of their legal rights and ability to contest the authentication of all testamentary documents. A Coral Gables attorney can assist in the gathering of these documents needed for probate.
Call an Attorney about Documents Needed for a Probate Action at Our Coral Gables Office
Every petition will include vital information about the decedent, their heirs, and the will. In fact, a court may reject a petition if it does not include this essential data.
Our diligent attorneys can take the lead in this process. They can work to provide more information about the documents needed for a probate in Florida at our Coral Gables office and assist you in collecting that information. They then work to submit these documents to the court in a timely and complete manner. Give our office a call now to get started today.