What are the requirements for probate in Florida?

What are the requirements for probate in Florida?

Probate is not always required in Florida when a person dies. There are several situations where the deceased’s assets can pass without probate. An experienced Florida probate lawyerwill tell you that there are at least four situations where probate is not necessary.

Do you have to probate a will in Florida?

We are often asked whether you have to probate a will in Florida. The simple answer is that you never have to probate a will. There is no requirement under Florida law that anyone is required to probate a will. The real question, however, is whether, under the circumstances, the will should be probated.

Do you know when probating a will is necessary?

Most people think of probate as involving a will. If a person dies and leaves a will, then probate is required to implement the provisions of that will. However, a probate process also can happen if a person dies without a will and has property that needs to be distributed under the state intestacy law (the law of inheritance).

How to probate a will in Florida?

Locate the Original Will. Under Florida law,the original of the will needs to be probated.

Give Required Notices to Beneficiaries,Surviving Spouses,and Creditors. Florida law requires that a Notice of Administration be provided to beneficiaries named in the will,as well as surviving spouses.

Marshall Assets,Preserve and Protect. Once the estate has been opened and letters of administration issued to the personal representative,the personal representative should take custody of the assets of

Creditors,Taxes,Disputes and Other Messy Stuff. These are the things that cause estate to be tied up for years and consume large amounts of money.

Distribution to the Beneficiaries. The personal representative makes distribution to the beneficiaries after all of the difficult and messy issues are resolved.

Discharge and Accounting. The personal representative,at the conclusion of the estate administration,will file a final accounting,plan of distribution,and petition for discharge with the probate court.