What Happens If Probate Is Not Filed In Florida?

After a person passes away, their estate must go through the probate process. While many people take certain steps to help their loved ones avoid the probate process, it is still quite often necessary. There are many important steps in probate, including validating the deceased’s will and distributing property to the beneficiaries. After a person passes away, the custodian of the will has ten days to file probate with the clerk of court. What happens if probate is never filed, though? Below, our St. Petersburg probate and trust administration lawyer explains.

Family Disputes are More Likely 

The will of the deceased cannot be validated, or proven, if probate is not filed. If the will is not legally recognized, the deceased’s property may not be distributed in the manner they intended. This could cause many complications, including conflict and disputes between the beneficiaries. A will provides a clear legal framework for the distribution of assets but if it is not administered by the court, the beneficiaries do not have a framework to follow. Some beneficiaries may have to enter litigation to exercise their rights, which can prolong legal battles and place a strain on family relationships.

Personal Representative Liability 

Generally, all estates in Florida have a personal representative. A person may name the representative in their will at the time they create it or, if they do not have one, the court will appoint one. It is generally the proposed personal representative who must petition to open the probate with the court. If the personal representative fails to do this, it can cause financial harm to the beneficiaries. Personal representatives can be held liable for any financial harm experienced by the beneficiaries.

Creditor and Tax Issues 

When probate is not filed, the estate remains open to creditor claims. This means that if the deceased owed debt to a certain debtor, they can seize property from the estate. During probate, notice is given to creditors and claims are handled. Creditors also have a limited time to make a claim against an estate once notified but if probate is not filed, that time may be extended.

The probate process also determines if federal or state taxes are owed. If probate is not opened, tax debt may still be owed but because it is not dealt with during probate, it can incur interest and other penalties. Assets in the estate may be used to pay this debt, which will leave fewer assets for the beneficiaries.

Our Probate and Trust Administration Lawyer in St. Petersburg Can Help 

Promptly filing probate is much more than just a legal formality. It is also an important step to protect the interests of heirs, beneficiaries, and creditors. Filing probate will also ensure that the estate is administered efficiently, minimizing the risk of legal complications and disputes arising in the future. At Legacy Protection Lawyers, LLP, our St. Petersburg probate and trust administration lawyer can guide you through the process and make it as easy as possible for you and your family. Call us today at 727-471-5868 or contact us online to schedule an appointment with our experienced attorney and to get sound legal advice.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html