If a person dies owning property/assets of any type in solely his or her individual name, their estate must go through Probate so the decedent’s heirs can receive title to the property/assets. Probate is the court process used to transfer title of property/assets from a decedent to his or her heirs.
In Florida, a typical probate case will take approximately 12 months and is usually an expensive process.
What if your loved one did have a Last Will and Testament?
Last Will and Testament = PROBATE “For Most Assets to avoid probate you need a Trust”
Overview of the Probate Process:
the probate court must determine if the Will is valid.
If the Will is valid, the Court will sign an Order Admitting the Will to Probate and appointing a Personal Representative.
Once the Last Will and Testament is admitted, the Court will appoint a Personal Representative to manage and administer the assets per the instructions in the Will.
Creditors must be notified of the process and given an opportunity to present a claim.
In Florida, almost every action taken by a Personal Representative must be approved by the Court. This includes selling assets!
PROBATE = CONTROL BY THE COURT
What if your loved one died without a Last Will and Testament?
If the decedent died intestate – without leaving a Will – the Probate Process is even longer as heirs must be verified. In other words, if the decedent did not have a Will, Florida Law dictates who receives the assets.
Veliz & Associates P.A. can assist beneficiaries through Probate if necessary and help you understand each step!
After the death of a family member, it can be difficult to know where to turn. Veliz & Associates P.A. can help you explore your options for obtaining the legal assistance you need. Some of the areas we can assist with are:
