What steps are required to locate, inventory, and distribute estate assets and settle debts in Florida? | Florida Probate | FastCounsel
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What steps are required to locate, inventory, and distribute estate assets and settle debts in Florida?

Disclaimer: This article provides general information and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation.

Detailed Answer

  1. Open the Estate: File a petition for administration in the circuit court of the decedent’s county of residence. The court appoints a personal representative (formerly called executor). See Fla. Stat. § 733.201.
  2. Locate Assets: Identify bank accounts, investments, retirement plans, real estate (check the county property appraiser website), safe deposit boxes, personal property and digital assets. Contact financial institutions and review mail and email.
  3. Notice to Creditors: Mail a notice to all known creditors and publish a notice in a local newspaper to alert unknown creditors. This starts the statutory claims period. See Fla. Stat. § 733.212.
  4. Inventory and Appraisal: Within 60 days after appointment, file an inventory of assets and their fair market values with the court. Include copies of appraisal reports if required. See Fla. Stat. § 733.604.
  5. Review and Pay Debts: Evaluate creditor claims for validity. Pay reasonable funeral expenses, administration costs and priority claims before other debts. Use estate funds; confirm that no valid claims remain. See Fla. Stat. § 733.608.
  6. Petition for Distribution: After debts and taxes clear and the claims period expires, prepare a final accounting. File a petition for distribution of the remaining assets to beneficiaries under the will or Florida’s intestacy rules. See Fla. Stat. § 733.617.
  7. Close the Estate: Once the court approves distribution, file a petition for discharge. Surrender the personal representative bond, if applicable. This officially ends the administration. See Fla. Stat. § 733.707.

Helpful Hints

  • Organize documents chronologically. Keep originals in a secure folder.
  • Maintain detailed ledgers of all receipts and disbursements.
  • Use a probate checklist to track deadlines and filings.
  • Verify creditor claims before payment to avoid overpaying.
  • Consult a probate attorney if the estate includes complex assets or disputes.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.