Are you currently serving as the personal representative of your father’s estate in West Palm Beach? Do you know what you are going to have to do probate the will? Getting started may be easier than you think. Check out this quick reference guide on getting a case number and notice of administration in West Palm Beach probate court.
Where to Start?
- Sometimes in West Palm Beach probate the hardest part can be getting started.
- What is the first thing you and your Palm Beach probate attorney will have to do?
- For starters you are going to want to file the will with the Palm Beach probate court.
- What if there was no will?
- Filing a will will get you your case number.
Filing the Notice of Administration
- After you have filed the will you will need to take the case number and file a notice of administration.
- This notice tells everyone their rights.
- It sets out how long Palm Beach creditors have to attack the estate and set out claims.
- Also this will set out the rules for contesting the will.
- Do you know how long you have to contest the will in West Palm Beach?
- The Notice should also advise any surviving spouse as to their rights under the elective share.
Elective Share Rights
- What is the elective share?
- The elective share is important because it could turn the probate on its head.
- How long does a surviving spouse have to elect for an elective share?
- Check the notice of administration!
- The surviving spouse should file this within 90 days of being served with the notice or within two years of the other spouse’s death.
- What does this share consist of?
- Basically rather than taking what your spouse left you, a surviving spouse in West Palm Beach has the right to elect a share allowed under statute.
- That share consists of 30% of the elective estate which in most cases is larger than the probate estate!
- Make sure to set all of this out if you are drafting a notice of administration.
Publication
- You are going to need to publish the notice.
- Do you know why?
- The probate court wants to give notice to creditors of what is going on.
- Do you know where you should publish a notice of administration when probating an estate in West Palm Beach?
- Experienced West Palm Beach probate litigators know that the notice of administration is one of the first key steps in a successful probate.
Want to learn more before you file the will and start the Palm Beach probate process?