Today I’m joined by attorney Merideth Nagel, P.A. to break down the probate process in its simplest terms.
During the probate process, documentation (e.g., a written will or the Florida statutes) is presented to a judge allocating the property and possessions of a deceased friend or relative. The judge then must authenticate this documentation saying who is allowed to own what’s included in the documentation.
What happens with any real estate that needs to be probated? There’s a common misconception that the power of attorney passes onto the children after a parent passes away, but that’s not true. If the child has power of attorney while the parent is alive, they no longer have it after they pass away. If there are problems with the title and you need to sell the property, for instance, you can’t do it with power of attorney—you have to open the probate process to sell the property legally.
The probate process is, unfortunately, expensive. You can check the Florida statutes to know all the payment specifications, but in short, the attorney and estate executor will each need to be paid an amount equal to 3% of the estate.
How long does the probate process take? If you have all the necessary paperwork, a firm like Merideth’s can have your case filed within a day or two. After that, you’ll be able to sell the property within 90 days.
If you have any more questions about probate or you think you’ll have to go through the probate process soon and you need someone to guide you through it, you can call Merideth at (352) 394-7408 or email her firm at www.MNagelLaw.com.
If you have any other real estate needs, feel free to call or email me anytime. I’d be happy to help you.