Common Myths About Florida Probate

Sadly, most people have lost someone they love at some point during their lives. Afterwards, many people have even been through the process of managing their loved one’s affairs while going through the probate process. They may even advise others who must navigate the process in the future. However, no two estates are exactly alike and the laws are always changing. These factors combined have led to many misconceptions about the probate process in Florida. Below, our Daytona Beach estate administration lawyer explains the most common of these, and the truth behind them.

All Property is Subject to Probate 

Contrary to what many people think, not all property is subject to the probate process. Trusts can be funded with property to protect it from the probate process and it is distributed to the beneficiaries named within the document upon the grantor’s passing. Co-owned property is also not subject to probate, as it will automatically transfer to the surviving owner. Lastly, any financial products that have a named beneficiary, such as a retirement account or life insurance policy, are also not subject to probate. The proceeds from these will also automatically be transferred to the beneficiaries.

A Will Can Avoid the Probate Process 

There are many reasons people draft wills and one of these is that they believe it will allow their estate to avoid the probate process. This is not true. After you pass away, one of the first steps your personal representative must take is to locate your will and submit it to the probate court. The probate court will then review the document and prove, or validate, it. Your personal representative will then administer your estate with the oversight of the probate court.

Without a Will, All Property Belongs to the State 

When a person passes away without a will, they are known to have died ‘intestate.’ This does not mean that the state receives all of their property. It simply means that property is distributed to heirs and beneficiaries according to the law. In Florida, this means that surviving spouses receive everything unless the decedent had children outside of the marriage. Without a surviving spouse or children, property is distributed to other close relatives, such as parents. Only in very rare cases, when there are no surviving heirs, does the property within an estate belong to the state.

The Court Will Appoint My Personal Representative 

The probate courts will only appoint a personal representative in certain situations. These include when a person passed away without a will, or when the personal representative they named did not meet the requirements under state law. For example, if a person chose a minor child as their personal representative, the court will appoint someone else.

Our Estate Administration Lawyer in Daytona Beach Provides Sound Legal Advice 

While there are many myths about probate, our Daytona Beach estate administration lawyer at Bundza & Rodriguez can explain the truth behind them so you can make informed decisions. Call us now at 386-252-5170 or chat with us online to request a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html