Do All Wills Have to Go Through Probate?

Do All Wills Have to Go Through Probate?

When a person dies in Florida with assets in his or her name, those assets are often subject to probate. While it is a common legal procedure, it can be complex, which is why some people employ estate planning techniques to avoid it.

However, when someone dies without an estate plan that is designed to avoid probate, the heirs will need to hire an attorney if they want to take control over the estate’s assets. Florida law does allow family to own property in a decedent’s name if they don’t sell it and continue to pay taxes on it.

In Florida, there are four different types of probate:

• Formal Administration
• Summary Administration
• Ancillary Administration
• Dispensation without Administration

Formal Administration

Formal Administration, or “regular probate,” is the most common type of probate. The executor of the estate — or, if none has been named, a Personal Representative approved by the court — must file the will with the court for it to be validated. The executor must then provide an accounting to the court of all estate assets and the plan for the distribution of those assets.

Once all debts have been paid and assets distributed, the executor asks the court to close the estate. Depending on the size of the estate and the make-up of the assets, this can take a few months or a few years.

Summary Administration

If you have a small estate or have died without a will (called dying intestate), the probate process provides important guidance on ensuring that the right beneficiaries inherit your property. Florida has summary administration, a special probate process for small estates that is basically a shortcut to expedite the process.

You qualify to use summary administration if (1) your estate contains no real estate and your property is free of any potential creditor claims, or (2) if the value of your estate, minus the value of exempt property, is less than $75,000; or the decedent has been dead for more than two years.

Ancillary Administration

When someone who owns real property in Florida but lives somewhere else passes away, the process of transferring ownership of that property is known as ancillary administration. Ancillary administration is also necessary when a Florida resident dies leaving property in another state.

Dispensation without Administration

To qualify for Dispensation without Administration, the decedent must have had no real estate assets. In addition, their only assets must be exempt from creditor claims and not exceed the total cost of final expenses. This type of probate is used to reimburse the person who paid the decedent’s final expenses from the estate assets.

If you ever need to go through probate in Florida, it is vital to seek the services of a qualified, expert probate attorney. Contact one of our experienced Florida probate attorneys at (305) 921-0440, or email us at info@jflawfirm.com.

 Share

The post Do All Wills Have to Go Through Probate? appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.