Is Probate Necessary If There Is No Will?
The purpose of a will is to provide legal protection for the property and wishes for an individual who has passed away. Probate is a process that ensures the will is valid and that property is distributed in accordance with the document. Contrary to what many people think, a will does not help loved ones avoid the probate process. When a will is not in place, probate is usually necessary so the court can determine how assets are distributed. While a will can speed up the probate process, when there is not a will in place, probate can often take more time and become more complex.
How is Property Distributed Without a Will?
When a person passes away without having a will in place, it is known as dying intestate. In these situations, the probate court will determine how the property of the deceased is distributed according to the succession chart. In Florida, children will inherit the entire estate when a person does not have a spouse. If a person had a spouse and shared children with them, the spouse will inherit the entire estate if they do not have other children. The chart continues on from there and outlines who will receive property in specific situations.
Is Probate Important When There is No Will?
Many people want to avoid the probate process, particularly at a time when they are grieving and trying to move forward. However, the probate process does have many benefits, particularly when a person passes away without a will.
Firstly, probate can relieve you and your family from some of the responsibilities you will have to shoulder. You might have funeral arrangements to make, or have to pay your loved one’s medical bills. An experienced probate lawyer can answer any questions you have and handle the legal details so you do not have to worry about them.
Secondly, probate can also help your family resolve disputes that may arise when assets are being distributed. If there are several claims to the property of your loved one, the probate court will resolve these conflicts by making decisions based on the intestate succession laws in Florida.
Lastly, probate can help your family with complex legal matters that sometimes arise from a person’s death. For example, creditors may start to contact you about your loved one’s debt and demand that you pay it. Through probate, the creditor can make a claim against the estate to recover the debt. Probate can also reduce the amount of time creditors have to make these claims. Probate can also resolve disputes regarding the ownership of real estate, vehicles, and businesses.
Our Probate Lawyer in Daytona Beach Can Help You Through the Process
Without a will, the probate process can quickly become even more complex. At Bundza & Rodriguez, our Daytona Beach probate lawyer can guide you through the process and provide the legal representation you need to make the matter as easy as possible on your and your family. Call us now at 386-252-5170 or chat with us online to request a consultation with our experienced attorney.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
