STORY TOOLS

• E-mail story
• Comments
• iPod friendly
• Printer friendly

More Features

• Gardening: August is here
• It’s the Law: Can I force someone to pay me when court said they should?
• The Marcophile: Drilling on your knees — senior style

Share and Enjoy [?]

Probate is a court-supervised process for identifying and collecting a deceased person’s assets (valuables), paying taxes, claims and expenses and distributing assets to beneficiaries (heirs) in the family and to creditors.

This process is defined in chapters 731 through 735 of the Florida Statutes.

Assets subject to Probate include those under ‘sole’ (only one person) ownership.

The best way to protect your assets and to be sure they are distributed according to your wishes is to provide a Will.

A person creating a Will should give a copy of it to their spouses and children.

A personal representative (executor) of the Will must be formally appointed by the Courts before any distribution of assets can take place.

Chapter 732 of Florida Statutes assigns the distribution of assets to the executors, according to relationship to the deceased, if there is no Will.

There is no time limit to file for Probate. In most cases, beneficiaries must be represented by a Florida Bar Attorney.

The County Clerk’s Probate Department cannot provide legal forms or advice. However, the Collier County Bar Association Lawyer Referral Service can help you find an attorney.

The Probate Department deals with legal guardianships, or the legal process of appointing a person to exercise the legal rights of an incapacitated (helpless) person, as defined in Chapter 744 of the Florida Statutes.

You can file a pre-need guardianship, naming a guardian of your choice at no charge. It is important to plan for the end of life. If you have questions, you can get answers.

For more information about the Probate Department call (239) 252-2646 or e-mail ProbateHelp@collierclerk.co.

For more information about the Clerk’s Office, contact Bob St. Cyr, Director, Community Outreach, Clerk of the Circuit Court, Collier County, 3301 Tamiami Trail E., Naples, FL 34112, (239) 252-6879 (phone) (239) 252-8838 (fax) Robert.StCyr@CollierClerk.com (e-mail).