The probate process in Venice is a legal process in which a decedent’s properties are transferred to heirs and his or her debts may be paid or settled. The properties should be in the name of the decedent only. If the decedent has a will and has property subject to probate, the initiation of the probate process begins by filing a petition with the Sarasota County Clerk.
Essentials of the Probate Process
The probate process is a legal procedure through which a departed person’s legal title to a property (solely in the decedent’s name and not distributed by law) can be transferred to beneficiaries or declared heirs. Through this process, the departed’s debts may be paid off. Given that the decedent had a will and the decedent had property, subject to probate, the probate starts when the executor presents the decedent’s will in the courthouse in the county where the departed lived and where the property concerned stands.
Intestacy
In case the decedent had no will at all, someone should ask the court to assign him or her as the executor of the decedent’s property. It is usually the departed’s adult child or spouse. Once that person is appointed by the court, the executor becomes the estate’s legal representative.
Four Essential Steps of Probate
- 1. File the petition and notify the beneficiaries and heirs. This is an effort to notify other people of the proceeding’s beginning.
- 2. You, as the personal representative, should provide notice to all of the known creditors. You should also take an inventory of the property.
- 3. All taxes, funeral expenses, and debts should be paid from the decedent’s property. The departed’s personal representative should determine which claims made by the creditor are legitimate.
- 4. The legal title of the decedent’s property is passed on according to the decedent’s will or according to the laws of intestacy (this is if the departed did not leave a will).
The probate process is simpler if the decedent has a well-drafted will, which has been updated constantly. When this happens, the probate process is easier for the decedent’s personal representative and family. For a free probate consultation today, please call us at 941-365-2253.
