Understanding the probate process in Florida is extremely important for anyone who is putting together a comprehensive estate plan or who may need to step in as an administrator of someone else's estate. Being appointed a personal representative of someone else's estate can be a complicated process if you don’t have the support of an experienced attorney who has helped people navigate this before. Probate shouldn’t be overwhelming or hard to figure out, but many people find a benefit in working with a lawyer on these issues.
Understanding the Florida probate process can be done by sitting down for consultation with an experienced probate lawyer in Florida. Most people choose to do a lot of planning to avoid the probate process if possible.
A probate attorney in Florida can help you navigate this process with minimum challenges. This process is supervised by the court and involves gathering and identifying the assets of person who is deceased so that the debts and taxes can be paid and the rest of the remaining assets can be given to the beneficiaries listed in the will. Florida allows summary administration and formal administration.
Furthermore, a disposing of the personal property without administration is a form of non-court supervised administrative proceedings. Probate assets are defined as what the decedent owned over when he or she was alive that were in his or her singular name at the time or death or those that decedent owned with or one or more other people that did not have instructions about automatic succession of who owned the property when the person died.
These assets can include life insurance policies, individual retirement accounts payable to the decedent's estate and investment account or bank account in the only in the name of the person who passed away and real estate that is only in the name of the decedent or in the name of he or she and someone else, referred to as a tenant in common. In order to pass on assets inside an individual's estate, probate must occur if there is no will. If the decedent’s beneficiaries are eligible to receive assets inside the estate, probate may be required. Furthermore, even for someone who has undertaken the basic estate planning process of putting together a will, the will in and of itself may not be enough to pass on all of the property inside the estate. Certain property may be excluded by the will and may require additional planning.
The will’s administration of assures ensures that the creditors and taxes of the decedent are paid. Assets distributed to beneficiaries cannot be passed on to those other individuals until the creditors and taxes have already been paid. The circuit court clerk’s office is the location for the filing of probate proceedings typically in the county where the decedent lived when he or she died. Filing fees must be paid and the can administer probate. After the probate filing, the court then give the file a number and maintains records of all the papers filed.
Several forms are associated with probate action and if you are unclear about the role that you may play or have questions about how a family member's estate is likely to be handled in probate, it is recommended that you sit down with a lawyer who is very knowledgeable about these issues and who can advise you about what to expect as the case moves forward. Being informed about these concerns can reduce many of the anxieties and fears surrounding the administration of a loved one’s estate.
- Abbreviated Probate Procedures
- Asset Protection Planning and Probate
- Avoiding Florida Probate
- Heir Finder
- Intestate Succession
- Probate Administration Beneficiary Rights
- Probate and Trust Administration
- Process of Florida Probate
- Probate Court
- Probate Property
- Who Can Serve as Estate Executor in Probate?