FAQs About Florida Probate

Probate is the process of administering a person’s estate, under court supervision, after they have passed away. Many people have heard about probate at one point in their lives, but they are still unfamiliar with it until a loved one passes away. It is only at this time when they have to go through it themselves that they have many questions. Below, our Daytona Beach probate lawyer outlines some of the most common questions we hear, and the answers to them.

Are All Estates Subject to Probate in Florida? 

When a person passes away and owns property that is solely in their name, such as a home or bank account, probate is usually required. During the probate process, the property in the estate is retitled from the name of the decedent to the names of the beneficiaries. Probate is also required when the court must appoint a personal representative who will be responsible for many tasks, including collecting the property within the estate.

Can a Will Avoid Probate? 

Contrary to what many people think, a will alone is not enough to avoid probate. One of the first tasks during probate is proving, or validating, the will, so drafting this legal document is not enough to avoid the process. There are ways to avoid probate, but simply drafting a will is not enough to do it.

How Much Does Probate Cost in Florida? 

All estates will incur court costs during probate and these typically range between $350 and $700. Working with a probate lawyer is always recommended so mistakes are not made and the process is as easy as possible for loved ones, but attorneys also charge fees. Attorneys usually charge a flat fee for small estates and these range between $1,500 and $3,000 typically. Attorneys usually charge a percentage of the overall estate for larger estates.

How Can You Avoid Probate? 

In most cases, probate can only be avoided while a person is still alive. This is because it is during a person’s lifetime that they can establish trusts, payable-on-death accounts, and other tools that can help their loved ones avoid probate. If your loved one has already passed away and has not created these tools, there is little you can do to avoid probate.

What is Ancillary Probate? 

Ancillary probate is necessary when a person passes away and has property in multiple states, or lives in another state but has real property in Florida. For example, many people live in other states but own vacation homes in The Sunshine State. In these cases, ancillary probate occurs in Florida and is meant to complement the formal probate process in the decedent’s home state.

Our Probate Lawyer in Daytona Beach Can Answer Your Questions 

Whether you are facing the probate process after the passing of a loved one, or are drafting your estate plan and want to help your family members avoid it, our Daytona Beach probate lawyer at Bundza & Rodriguez can help. Call us today at 386-252-5170 or chat with us online to schedule a consultation and to get the legal answers you need.

Source:

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