Who contacts probate when someone dies?
The person dealing with the estate of the person who has died is called an executor or an administrator. An executor is someone who is named in the will as responsible for dealing with the estate. An executor may have to apply for a special legal authority before they can deal with the estate.
How does intestate succession work in Florida probate?
Under Florida probate laws no-Will estates follow the rules of “intestate succession”, passing the deceased’s property to their heirs (sometimes called next of kin). Under the Florida statutes, intestate succession follows a flowchart, awarding assets based on the parties’ relationships to the deceased.
Who is the heir to an estate in Florida?
Find out who counts as an heir in Florida probate law, and why it matters. Nearly all estates have to go through probate in Florida (though some careful estate planning can cause most assets to transfer automatically or to a trust created while the person was alive, avoiding probate).
Who are next of kin in Florida probate?
(1) If there is no surviving descendant of the decedent, the entire intestate estate. (2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.
When does an estate have to go through probate in Florida?
Nearly all estates have to go through probate in Florida (though some careful estate planning can cause most assets to transfer automatically or to a trust created while the person was alive, avoiding probate). When a person took the time to create a Will before their death, that Will directs who will inherit the property.
Who are the heirs to a probate estate in Florida?
In that case, the decedent’s probate estate will pass to the decedent’s surviving parents, if they are living, otherwise to the decedent’s brothers and sisters. Florida’s intestate laws will pass the decedent’s probate estate to other, more remote heirs if the decedent is not survived by any of the close relatives described above.
Who is first in line for intestate succession in Florida?
Under the Florida statutes, intestate succession follows a flowchart, awarding assets based on the parties’ relationships to the deceased. First in line is the decedent’s surviving spouse, though the surviving spouse’s share depends upon the existence and relationships of any descendants of the decedent at the time of death.
How are assets distributed in probate in Florida?
In general, the decedent’s assets pay the probate proceeding’s cost, the decedent’s funeral expenses, then the decedent’s outstanding debts. The remainder of the assets is distributed to the decedent’s beneficiaries. You can find the Florida Probate Code in Chapters 731 through 735 of the Florida Statutes.
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.