What Are the Probate Laws in Florida

Careful planning over the course of your life can allow your family to avoid inheritance after your death. As a result, assets may be immediately available without creditors` claims. Some probate avoidance tools are simple and free, while others are more complex and require the help of a lawyer. You`ll have to go through a process called probation, where the courts oversee the handling of your loved one`s estate under state law. While probate procedures are similar in all states, each state has its own schedules and laws that govern the details of how the process should be conducted. It is important to understand these laws and make sure you follow them. If you need to make a will or file a will, call Florida Probate Law Group at (352) 354-2654. Our probate attorneys in Gainesville, Florida work in all jurisdictions in Florida. A personal representative should always hire a qualified lawyer to help administer the deceased`s estate. Many legal issues arise, even in the simplest administration of the estate, and most of these problems will be new and unknown to non-lawyers. Suppose questions or disputes arise in the administration of the deceased`s estate. In this case, the judge holds, if necessary, a hearing to settle the matter in question.

The judge`s decision is set out in a written direction called an order. Depending on the facts of the situation, any of the following may play a role in the administration of the deceased`s estate: In most cases, an estate is required in Florida when someone dies. The only exceptions are if the estate was in a living trust or if all assets could be transferred to a named beneficiary. If the deceased was the sole owner of the property or if he was a co-owner without legal provisions for transfer to the other owners in the event of death, the succession must go through an inheritance procedure. The personal representative`s lawyer advises the personal representative on legal rights and obligations and represents the personal representative in succession proceedings. The lawyer for the personal representative is not the lawyer for one of the beneficiaries of the deceased`s estate. Because probate procedures involve filing legal documents, court hearings, and attorney representation, probate procedures in Florida are lengthy and costly. Families usually have to wait six months or more to complete the probate process and preserve their inheritance. Florida laws protect an attorney`s interests by setting attorneys` fees based on a percentage of the value of the estate. The first step in the process, which is the filing of the will with the court, must take place within ten days of the person`s death. If an estate is required, the court must validate the will to determine how the property should be distributed.

If you`d like to learn more about Florida`s probate rules or have an issue related to estate administration/litigation, call the number below to get a free consultation with an experienced attorney today. A will does not have to be notarized for the document to be valid, but notarial wills are preferred, as they are easier to admit in probate court. A notarial will is called a „self-proved will“. If a will is not notarized, a witness to the will must make a statement to probate court confirming that they witnessed the will. When a will is notarized, no witness testimony is required. Therefore, it is proven that wills are notarized as far as possible. The rules for self-proved wills can be found in Florida Law 732.503. Do all estates require an estate? – Not all domains go through any domain in Florida.

If a person dies without a will or trust and has ONLY assets in their name, the estate is required to distribute property and money. If the assets, bank accounts, insurance policies, annuities, 401K plans, and all assets have beneficiaries or co-owners, an estate is not necessary. However, without a will or trust, all assets must go through probate court if no beneficiary or co-owner is named. It depends on the facts of the situation. For example, the personal representative may need to sell real estate before settling the estate or settling a disputed creditor claim or lawsuit challenging the validity of the will. Any of these circumstances would tend to prolong the administrative process. Even the simplest estates must be opened during at least the creditor`s three-month claim period; It is reasonable to expect that a simple estate will take about five or six months to manage properly. Any assets owned by a deceased person are subject to estate in Florida. The exception to this rule is property that had a designated beneficiary or survivor rights.

Examples of assets that could have a designated beneficiary would be a life insurance payment, a retirement account, or a bank account labeled „payment on death.“ An example of property with survivorship rights would be properties that have a deed stating that a surviving co-owner takes full ownership of the deceased upon death. Property purchased by a married couple usually has survivability rights in Florida, even if that specific language does not appear on the deed of ownership. This type of survival is called „tenancy as a whole“ and only requires that title be held by husband and wife, in which case title automatically passes to the survivor when one of the spouses dies. It is important for your lawyer to identify the exempt property in court so that the probate judge understands that these assets are not available to pay the creditor`s claims. The first step in the formal administration of the estate is to request the appointment of a personal representative. In order to appoint a personal representative, interested parties must be informed by registered mail.