In almost all cases, you need the assistance of a probate attorney. Only under a unique circumstances can probate be done without an attorney:
If the estate is small then it can be settled as a disposition without administration (DWA)
Q: What Are Probate Assets In Florida?
Simply put, probate assets are those assets that donot have any provision for automatic succession of ownership at death. The assets could be solely owned by a decedent or owned by the decedent and some co-owners.
Q: Who Can Deposit A Will In Florida?
Whoever is in possession of a valid will must deposit the original copy to the clerk of the court in the county of the decedent’s estate. This deposit must be done within 10 days after it’s been known that the testator has passed away..
Q: What Is Probate In Florida?
Probate is a legal process established to wrap up the affairs of a deceased person (often referred to as the decedent). A decedent’s affairs include assets, paying off debts, and sharing the decedent’s assets among beneficiaries.
Q: What Goes Through Probate In Florida?
In Florida, certain assets considered as probate assets must go through a probate proceeding. Any outstanding debts or taxes must be paid and then the assets will be transferred to beneficiaries.
Q: What Is Summary Probate In Florida?
Summary Administration in Florida is a simplified probate process used for smaller probate estates. It is also used when the person has been dead for over two years and all creditors of the deceased are barred.
Q: What Assets Go Through Probate In Florida?
Probate assets include, but are not limited to, the following:
A life insurance policy, annuity contract, or individual retirement account payable to the decedent's estate.
Property in the sole name of the decedent, or in the name of the decedent and co-owner as tenants in common, is a probate asset (unless it is designated as Homestead property).
A bank account or investment account in the sole name of a decedent.
Q: When Is Probate Required In Florida?
Probate becomes necessary:
In the absence of a will.
If the decedent was involved in any litigation.
If the decedent owned probate assets.
Q: When Is Probate NOT Necessary In Florida?
Probate becomes unnecessary:
If the decedent’s assets were held in a living trust.
If the decedent’s accounts used beneficiary designations.
If property owned by the decedent is co-owned under the rights of survivorship clause.
If the decedent has no debts or taxes.
Q: Where To File Probate In Florida?
In Florida, probate processes are filed with the Clerk of the circuit court of the county where the decedent lived at the time of death. A filing fee is usually demanded and should be paid to the Clerk.
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