A Short Overview on Florida Probate 

A Short Overview on Florida Probate 

Have you recently lost your loved one in Florida? Then reading this short overview on Florida Probate will be useful to you. You may contact Boca Raton Probate Attorney to understand the various steps needed to receive your entire inheritance. 

There is a legal process involved that is known as “Probate”, which is meant for transferring the property in a legal manner from any deceased person to living people who happen to be the legally right person to receive it. 

There are 3 ways for settlement of an estate in Florida. As far as the will of the deceased person is concerned, the law in Florida requires that person, who is in the possession of the will need to file it within 10 days of hearing the death of that person.  

Assets that will not go through probate

There are many assets of any deceased person that may be easily passed to the new owner without going through probate court approval. Commonly the non-probate property is as follows:

  • Property that is held jointly on tenancy by more than a single person. As an example, a house may be owned by any couple (husband and wife), or any bank account that is shared by more than a single person.
  • Those assets for which there is a person who is designated as beneficiary. As an example, a retirement account, POD bank account, or any life insurance proceeds, etc.
  • Assets that are held in a certain living trust.

What will happen if someone ever dies in Florida without making any will?

If a person dies suddenly and he or she has not made any will, then their assets will go to his or her spouse or any closest relatives. As per sections of Florida Statute 732.102 and 732.103 that specifically determine how a property of a decedent will be divided when a person dies without any will.

This process will be referred to as intestate succession. You need to discuss this with your probate lawyer in full detail.

The fees of Probate Attorney

Luckily Florida happens to be one of the states that have set out, lawyer’s fees clearly in its statutes. Usually, lawyers’ fees, which are supposed to be quite reasonable for estates.

The fee will be based on the total value of the entire assets that will go through the process of probate, and also any income that they may earn while the probate proceeding will continue. The homestead value of the property will be not counted.