Let A Compassionate Royal Palm Beach Probate Lawyer Take On Your Burden

The loss of a loved one is extremely difficult and is made worse by trying to handle the logistics of the probate process on your own. An experienced probate lawyer can assist you, guide you through the process and take the burden off your shoulders. There are several probate administrations in Florida, but the most common are summary and formal.

Attorney Taren L. Castro handles probate and ancillary probate for people in Royal Palm Beach and the Treasure Coast area. She understands that this is a tough time for your family and she will work hard to manage the probate process for you. You can rest assured that she will make sure your loved one’s wishes are followed and the legalities are handled correctly. Learn more in a free consultation today.

What To Expect In The Florida Probate Process

The Florida probate process begins with finding the deceased’s will and determining the appropriate county in which to file it. This is typically the county where the deceased resided. A formal petition must be filed with the probate court, which initiates the proceedings. Then, a personal representative is appointed to handle the estate’s affairs. Often, the personal representative is named in the will.

The next crucial step is determining the validity of the will, which may involve legal scrutiny and potential contests from interested parties. The personal representative is also responsible for notifying all creditors and beneficiaries of the estate and producing a thorough inventory of estate assets and debts.

Accounting needs during the probate process are often significant. The personal representative must keep detailed records of how estate assets are managed and used throughout the probate process.

Testate Succession

If the deceased person died leaving a properly executed last will and testament, that will dictate who the personal representative is, how assets are disbursed and who the beneficiaries are. The original last will and testament will have to be submitted to the circuit court to determine if it is a validly executed will.

Contesting Last Will And Testament

A party who wishes to contest a will must file a motion in the court where the probate proceeding was commenced. A will can be contested for numerous reasons, including incapacity and undue influence. According to Fla. Stat. 732.501, a person making a will must be of sound mind, meaning they have testamentary capacity. The testator must know the extent of their property and the testator’s relation to those who would naturally claim a substantial benefit from the will, as well as understand the practical effect of making a will. Pursuant to Fla. Stat. 732.5165, a will is void if procured by undue influence.

To prove undue influence, the party contesting the will must prove (1) the accused is a beneficiary in the will; (2) the accused and testator had a confidential relationship; and (3) the accused was active in procuring the will.

Intestate Succession

If a decedent died leaving no last will and testament, then Fla. Stat. 732.101 – 732.111 will dictate how their estate is handled. The order beneficiaries stand to inherit is as follows: surviving spouse (so long as the decedent did not leave children who were not the children of the surviving spouse), if the decedent left children who were not the children of the surviving spouse then the surviving spouse takes 50% and the remaining 50% is split equally between the children who are not the children of the surviving spouse; if no surviving spouse, then the estate is split equally among all children; if there is no surviving spouse and no surviving children then the estate passes to lineal ascendants (parents, grandparents, great-grandparents, etc.) and collateral relatives (siblings, aunts, uncles, etc.).

If none of the above heirs survive, then the estate passes to the heirs of the decedent’s grandparents, equally, with one half of the estate going to the decedent’s maternal relatives and one half going to the decedent’s paternal relatives. If none exist, then the estate escheats to the state of Florida.

Summary Administration

According to Fla. Stat. 735.201, in order to file a summary administration, the value of the estate cannot exceed $75,000 or the date of death must be over two years. A summary administration is typically filed in the county where the decedent was domiciled at the time of death. Certain property is exempt from this threshold, such as homestead real property. In this type of administration, there is no personal representative appointed.

The process itself can be shorter and the costs are less than with a formal administration. It is typically used for smaller estates. At the end of a summary administration, the court will issue an order. If the decedent’s creditors object, a formal administration might be necessary. Those who receive assets in this kind of administration may be liable for claims against the decedent for two years after the date of death.

Formal Administration

A formal administration is also typically filed in the county where the decedent was domiciled at the time of death. All estates, regardless of value, are eligible for formal administration. However, formal administration is required when the value of the estate exceeds $75,000 and less than two years have passed since the date of death. A personal representative will be appointed by the court to oversee and manage the estate during the probate proceeding. A notice to creditors has to be published for a specific period of time.

Once the estate is administered, the personal representative has to file an accounting with the court. At the end of the process, the personal representative will file a petition for discharge, which includes a plan for final distribution of the estate’s assets. The court will then issue an order and the probate proceeding will be closed.

Answers To Commonly Asked Probate Questions

The probate process in Florida can be complicated, and it’s common to have questions. Here are some answers to frequently asked questions.

What happens to a house in probate in Florida?

It depends on the estate plan, if the deceased had one. The estate’s personal representative is responsible for responsible for maintaining the mortgage and other house-related bills during the probate process. If necessary, the personal representative can access funds from the deceased’s bank account to cover these expenses, provided they keep meticulous records and receive the court’s approval. Ideally, however, the estate plan will provide a designated source of funds for property upkeep.

In estates without an estate plan, the house will be handled according to Florida’s intestacy laws. These laws provide a hierarchy of relatives to whom the deceased’s property will transfer.

How long do I have to file probate in Florida?

In Florida, you generally have 10 days from the date of death to file the deceased’s last will and testament with the appropriate court. In cases without a will, that deadline does not apply. However, it is generally advisable to start as soon as possible after the individual’s death to pursue an orderly resolution of the estate.

Are there any assets that do not go through probate?

Yes. Not all assets must go through probate in Florida. Assets that are jointly owned with rights of survivorship, those designated as transfer on death (TOD) and those that have named beneficiaries (like life insurance policies or retirement accounts) typically bypass probate. These assets transfer directly to the co-owner or named beneficiary upon the owner’s death. Additionally, assets held in trust are administered according to the terms of the trust, which means they are not subject to probate.

What is the difference between a trustee, a beneficiary and a power of attorney?

These are three distinct concepts in Florida estate law. They differ as follows:

• A trustee is an individual or institution appointed to manage trust assets.
• A beneficiary is a person or entity entitled to receive benefits from a trust, will, estate, financial account or life insurance policy.
• A power of attorney is a legal document that grants one person the authority to act on behalf of another in financial or health-related matters during their lifetime.

What is the best way to avoid probate in Florida?

The best way to avoid probate in Florida is through proper estate planning. Options for avoiding probate include setting up trusts, designating beneficiaries on accounts such as life insurance and retirement accounts, and owning property jointly. These methods can help ensure that assets pass directly to the designated individuals without the need for probate, thus saving time, expense and potential conflict among heirs.

Retain An Experienced Probate Lawyer

If you lost a loved one and are trying to navigate and understand how the probate process works, The Castro Law Firm, PLLC, can help you. Please call 855-998-7570 to schedule your free consultation with your new probate lawyer. You can send an email if you prefer. Hablamos Español.