When person dies, what needs to happen?

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When person dies, what needs to happen?

Property of less than 75K. If all paperwork to move property into beneficiaries’ names and Will filed with the courts is done before a person dies, what type of probate activities have to be done after death, if any? Would a lawyer have the right to charge any more fees, and if so, what type of fees?

Asked on March 17, 2011 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  I am a bit confused by the timing of things here but form what I can gleam it seems that the decedent was well prepared when they went.  So the Last Will and Testament was filed?  By filing it thenit now needs to be probates.  I am assuming that you are indicating the amount of the estate because under the Florida statutes, where as estate is valued at less than $75,000, any beneficiary of the estate may file a petition for summary administration of the estate within two years of the death of the decedent. Upon approval by the court of the petition, the court may order the immediate distribution of the assets of the estate.  How that works with the filing you need to ask the attorney but it seems that not much more needs to be done.  Negotiate the fee.  Good luck. 


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