So Your Loved One Died with Property/Assets in Their Name…. Now What? What Is Probate?
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”
Our Trust And Probate Administration Services
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.
Ana M. Veliz, PA can assist beneficiaries thru Probate if necessary and help you understand each step!
Below are some of the common types of probate and estate administration matters we handle:
After the death of a family member, it can be difficult to know where to turn. Ana M. Veliz, P.A. can help you explore your options for obtaining the legal assistance you need. Some of the areas we can assist with are:
- Management of assets during the Probate Process
- Transfer of assets to beneficiaries
- Legal authority to sell assets of a deceased person, including the decedent’s home
- Distribution of assets to beneficiaries
- Opening a safe deposit box of a deceased person
- Obtaining funds in a bank account of a deceased person
- Life Insurance Claims
- Securing property left in the Unclaimed Property division of the State of Florida
