When Do You Need To Go To Probate

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Probate is a necessary court-supervised process used to review and manage a person’s assets after death. This legal process varies from state to state and is necessary to ensure proper distribution of assets among beneficiaries. This article discusses probate rules and procedures in Florida.

When Do You Need To Go To Probate

It is important to note that the information on this page is intended to guide people in the right direction and answer common questions; However, it is not a substitute for professional legal advice. Consultation with a probate attorney is not necessary only in the state of Florida (with one rare exception discussed in the article).

What Is Probate?

Probate is a court-supervised process that distributes the assets of deceased persons. The court appoints a personal representative (PR) to fulfill the conditions of the will. This person is usually named in the will. When a person dies without a will, the court appoints a PR to coordinate estate matters. A personal representative has many responsibilities and may consult with a lawyer. Simply put, tasks fall into three categories:

Florida Statute 733.212 PR requires notices to be sent to all recipients. The representative must send a written notice to the creditors (Law 733.2121). Due to the legal requirements regarding the duties of a personal representative, it is best to contact an experienced attorney to guide you through the entire process.

To help readers better understand the context of the article, we list some common terms encountered in this material and/or used in the review. The report is about the legal division of property in court after someone dies.

County Clerk – In Florida, most court hearings are conducted by the county clerk in the county where the deceased lived at the time of death. This is not to be confused with an actual courtroom clerk.

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Intestate – When a person dies without a valid will, the state of Florida declares the estate intestate. This article discusses it in more detail.

Probate Court – usually used to describe the court where court hearings are held, but most hearings are held in the District Court.

A personal representative is a person legally appointed to oversee the distribution of property in the estate of a deceased person.

Beneficiary – The person or group of persons named in the will/estate plans to receive a certain amount from their estate after their death or incapacity.

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An executor is a person named in a will or appointed by a court to handle the financial obligations of a deceased person.

An administrative notice is an official notice given by a personal representative to beneficiaries and other interested parties. The notice is required by Florida law to provide accurate information about the court proceedings.

Inheritance disputes – basically used to describe a legal dispute during inheritance proceedings. The most common types of will disputes include: will/trust challenges, guardianship disputes and more.

There are three main types of probate under Florida law: formal administration, summary administration, and foreclosure without administration. Below is a description of these three types of lawsuits.

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Formal Report – A formal report is also called a ‘formal hearing’. As the name suggests, this type of litigation is the standard form of probate and is the most common. Formal administration of the estate takes place at the local district court of the district in which the deceased lived at the time of death. The process begins when a person dies and an executor (or other interested party) requests to be appointed as the surviving representative of the deceased person. Beneficiaries named in the estate will then be given notice and an opportunity to file any formal objections.

Summary Administration – This type of probate is available if the total value of the estate/assets being probated is $75,000 or less. Cumulative management can also be used for deaths that occurred more than two years ago (ie a missing person who was recently declared dead). This type of administration process begins with the filing of an abbreviated administration application, which must be signed by the surviving spouse and/or beneficiaries. Basically, it is a quick version of probate.

Non-Administrative Disposition – As the words “non-administrative” may suggest, this process involves skipping a hearing altogether due to certain circumstances. It is important to note that this is only available if the deceased left no real estate and the value of the only property to be secured is less than the final value after judgment. In short, a non-administrative disposition occurs when litigation is not financially feasible.

Since there is no formal court hearing in connection with the administration, the “Disposition of personal property without administration” form is required to recover the assets.

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The probate process begins when the testator submits the original deed to the court clerk. The clerk creates a file containing the death certificate. There is a fee to open a probation case. The next step is a district court judge.

The judge must confirm the identity of all beneficiaries and appoint a personal representative. If this person is mentioned in the will, the judge will check their validity. If the candidate meets the required qualification requirements, the judge issues him “Correct Letters”. At this moment, he takes over the management of the PR property. Of course, if disputes arise later, judges can hold hearings to decide cases. Again, the advice of a lawyer is important throughout the process.

No Florida does not recognize estate transfers in death cases. The property cannot be transferred in this way. In Florida, a ladybug works as a transfer on death contract. Some estate plans use a ladybug deed. Spouses generally have joint property. Therefore, if one of the spouses dies, the property passes to the other. However, if someone is the sole owner of a house, property or land, the inheritance must go through the probate process before receiving the inheritance. In Florida, if a couple does not jointly own property, the probate court is governed by the Florida Probate Code. In this case, the surviving spouse cannot inherit the entire property. In other words, other family members can get a share of the real estate. Therefore, when dealing with any probate case, hire an experienced attorney.

The probate process in Florida involves many laws and deadlines. If you have a copy of the will and are appointed as an executor (PR), you have ten days to notify the court of the deceased’s death. Of course, sometimes people are not immediately informed of the death of a loved one or stay away. The courts have recognized this fact, and the delay does not lead to imprisonment. However, the court must recognize the will as valid before probate proceedings can begin. After the will is reviewed by the court, it will issue “Letters of Administration”. The document issued by the court officially recognizes the executor as a personal representative. It may take several weeks. Therefore, it is necessary to inform the court immediately.

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If a family member dies (without a will), the heir must go to court and obtain letters of administration. In this case, the inheritance court appoints a relative as the personal representative. This trustee has the authority to handle all matters relating to the deceased’s estate. Again, an experienced attorney can guide your family through this process.

When is a trial period required? – Most estates go through probate court in Florida. However, the family can avoid probate court if the testator has a well-drafted testamentary contract. The Probate Court will also exclude any property in joint tenancy with right of survivorship in its entirety. Bank accounts, IRAs, 401Ks and any financial assets with a POD or beneficiary designation go directly to the heirs and are not subject to litigation. However, any property that does not have a proper beneficiary must go through the inheritance process. Banks and other institutions will not issue money without properly marking the transfer. Therefore, if a family member dies without a proper estate plan, contact an experienced attorney immediately.

What is inherited property? – Estate is another term for property management under the supervision of the probate court. When a person dies without a will or trust, the estate goes to probate court. Family members must go to court before selling the deceased’s belongings. For example,

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