Do you need a probate lawyer in Florida?
For all but the simplest estates, Florida law requires that the personal representative of an estate hire a probate attorney to guide him or her through the process. While hiring an attorney might seem like an unnecessary burden, an attorney should help make the probate process as efficient as possible.
How can I avoid probate in Florida?
In Florida, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (it’s similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
How does probate work in the state of Florida?
If the decedent was not married at the time of death but was survived by one or more descendants, those descendants will receive all of the decedent’s probate estate. If there is more than one descendant, the decedent’s probate estate will be divided among them in the manner prescribed by Florida law.
When to use summary administration for probate estate?
Summary administration is also available if the decedent has been dead for more than two years and there has been no prior administration. Another alternative to the formal administration process is “Disposition Without Administration.” This is available only if probate estate assets consist solely of property classified as exempt from the …
Who are the descendants in probate in Florida?
If the decedent was survived by a spouse but left no living descendants, the surviving spouse receives all of the decedent’s probate estate. A “descendant” is a person in any generational level down the descending line from the decedent and includes children, grandchildren, parents and more remote descendants.
What happens if someone dies in Florida without a will?
Someone who dies without a valid will is “intestate.” Even if the decedent dies intestate, the probate assets are almost never turned over to the state of Florida. The state will take the decedent’s assets only if the decedent had no heirs.
Who are the probate attorneys for the state of Florida?
To learn more about how we can help with your probate matter, contact the Business Trial Group’s Florida estate attorneys for a free case review. The death of an individual in Florida automatically creates a legal entity called an estate that contains the individual’s assets and debt responsibilities.
What happens to an estate after death in Florida?
The death of an individual in Florida automatically creates a legal entity called an estate that contains the individual’s assets and debt responsibilities. Probate is the process through which an estate is settled with the decedent’s beneficiaries and creditors.
What do you need to know about probate forms?
Calculate the value of the estate. Probate forms may require that you provide the value of the estate. In certain states, the law allows for a simplified probate process depending on how much the estate is worth. The higher the value of the estate, the more complicated and detailed the forms may be.
Do you have to go to probate if there is no will in Florida?
If the decedent had no Will, probate might be necessary to pass ownership of the decedent’s probate assets to those receiving them under Florida law. Some assets do not require a probate proceeding to transfer ownership. You should contact a probate attorney to provide specific guidance.