Orlando Probate and Estate Administration

Probate is the process by which a deceased person’s property, known as the “estate,” is passed to his or her heirs and legatees (people named in the will). The entire process, supervised by the probate court, usually takes about a year. However, substantial distributions from the estate can be made in the interim. The probate estate includes all property held in the decedent’s name. Certain kinds of property, such as property owned jointly by the deceased and another person, life insurance, and property held in trust, are not part of the probate estate and are not subject to the probate process. For example jointly owned bank accounts pass automatically to the surviving joint owners upon the death of one of the owners without going through probate. The non-probate property, however, is part of the decedent’s taxable estate.

First, a petition for probate of the will must be filed with the probate court, along with the original will and a certified copy of the death certificate. Notice must be mailed to all of the decedent’s heirs at law (usually the surviving spouse, children, and children of any deceased children), and to those named as beneficiaries in the will. Notice can also be published in a local newspaper. If no one objects by a deadline set by the court, the executor/personal representative named in the will is appointed by the court. The executor/personal representative is responsible for collecting the probate property and for paying any debts of the estate. The executor must file with the probate court an itemized list, known as an “inventory,” of the probate property, including the value of each item. The executor/personal representative may file an estate tax return in certain cases. This is true even if no estate tax is owed, if the decedent owned real estate or the executor/personal representative wants his or her final accounting allowed by the probate court. As his or her final responsibility, the executor/personal representative must file an accounting with the probate court showing the income and expenditures of the estate administration.