1. Find your probate attorney.
If you need a probate attorney, then you should learn about the attorney before retaining them. Determining specific information up front will help ensure that there is no miscommunication throughout the probate process.
Things you should know about your probate attorney:
- How long have they been practicing probate?
- Do they practice before the court and judge that your case will be in front of?
- Do they practice any other areas of the law or do they focus primarily on probate?
- What will they be charging you for their services?
2. Gather information for your initial consultation.
This information may include:
- Death Certificate. In Florida, after an individual passes away, their death must be registered with the Department of Vital Statistic before they can be cremated or buried. In most circumstances, the funeral home or cremation service will prepare and file the death certificate, but you will want to be sure to provide them with accurate information and request several copies for your records. Be sure to obtain at least on “long form” death certificate and one “short form” death certificate.
- Will. If the deceased person had a Will, it is important to make a copy of it for your records. During your initial consultation with an attorney, inform them whether you are in possession of the original Will and they can assist you with the next steps. In Florida, an individual in possession of a Will must deposit it for safekeeping in the county where the deceased person resided within 10 days after learning of their death.
- Financial Accounts. Once you obtain a death certificate, then you may take it to the bank or submit it to other financial institutions to see if they have accounts in the deceased person’s name. Financial institutions generally only require a “short term” death certificate that does not list a cause of death. If the financial institutions ask to see “Letters” or “Letters of Administration”, then you may need to go through probate to learn more information about the account(s).
- Life Insurance. Once you obtain a death certificate, then you can provide it the deceased person’s life insurance company, if applicable. Life insurance companies generally require a “long form” death certificate listing a cause of death.
- Vehicle. You will want to obtain a copy of a vehicle’s title, registration, and insurance owned by the deceased person. If the vehicle is owned by the deceased person individually, then the vehicle should not be driven until you consult with an attorney.
- Real Property. You will want to obtain a copy of deeds, property tax bills, and any mortgage for property owned by the deceased person. This information can be found at the local County Property Appraiser’s website.
- Creditors. Did the deceased person have any debts? Common creditors include credit cards, medical bills, reimbursement for certain funeral expenses, enforcement of contracts, and spousal obligations pursuant to marital settlements. It is important to have a list of known creditors to assist in determining whether or when you should initiate probate proceedings.
- Safe Deposit Box. If the deceased person owned a safe deposit box in joint names, then the survivor may access the box. However, if the deceased person owned a safe deposit box individually, then an interested person may need to obtain authorization from the court before gaining access to the safe deposit box. Under the Florida Statutes, a spouse, parent, adult descendant, or a nominated personal representative may be able to open and examine the contents of the safe deposit box to locate a Will, burial information, or life insurance policies.
3. Meet with your probate attorney to determine which type of probate is best for you.
Do you need a probate attorney?
Provurb is not a law firm and we do not provide legal advice. Information contained in this blog is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult with a probate attorney.