What It Means
Probate is the process of passing the assets of a deceased person to his or her beneficiaries under a Will, or to his heirs by state law if there is no Will in effect. The Personal Representative of an Estate files the Will with the Court in the jurisdiction where the decedent was domiciled at the time of his or her death. The Personal Representative files to be appointed by the Court, notifies all appropriate parties, gathers assets of the Estate, pays Estate debts, resolves disputes, carries out the provisions of the Will, distributes Estate funds and closes out the Estate. If there is property in another state in addition to where the decedent was domiciled at the time of his or her death, there may need to be a separate “ancillary probate” in that state in order to transfer the property.
What To Do
If you are named as the Personal Representative in a Will for a deceased Florida, Virginia
or District of Columbia resident, contact me to help start the Probate process. If you are an heir, and the person named in the Will as the Personal Representative is deceased or is unable or unwilling to fulfill their duties as the Personal Representative, you may be eligible to serve as the Personal Representative. If there is no Will, state law sets forth orders of priority to determine who can serve as the Personal Representative.
Our Fees
Depending on the jurisdiction and the complexity of the Estate, I either charge an hourly rate with a retainer up front, a flat fee, or a percentage of the Estate which is based upon the size of the Estate.