After someone passes away, their property is passed down to their beneficiaries through a court-supervised process known as probate. Probate is necessary for certain types of assets to be passed down. Most assets that are owned by a decedent at death that lack a means for automatic transfer of ownership are considered probate assets. Common probate assets include real property (unless it is the homestead of the decedent), motor vehicles, and bank accounts. Assets that are commonly excluded from probate because they transfer automatically as a result of a decedent’s death are financial accounts with “transfer on death” designations and real property that is held as a joint tenancy with the right of survivorship.
The personal representative is the person who is in charge of managing the deceased’s property and ensuring it’s given to the proper beneficiary. Florida law requires that all personal representatives are either attorneys or represented by an attorney. Our probate attorneys are experienced in handling estates of various sizes. During the tumultuous time of losing a loved one, the last thing you want to worry about is legal technicalities. Let our Probate attorneys take on that burden while you focus on more important things.
Types of Probate
Under Florida law, there are four types of probate administration. The two most common are “formal administration” and “summary administration.” A third type, called “disposition of personal property without administration,” is available for very small estates that satisfy certain conditions. And the fourth type, called “ancillary administration,” is for property outside of Florida and is initiated in the state in which the property is located.
Our probate attorneys know how to identify which type is most suitable for you considering the facts and circumstances of your case and will help you administer the estate for a proficient and peaceful resolution.
The Florida Probate Code and Florida Probate Rules govern the probate process and can be very complicated in their application. Throughout the probate process, certain steps must be completed within statutorily required time frames. If a step is accidentally overlooked or completed with errors, or if an important deadline is missed, it can leave the decedent’s estate, or the beneficiaries of the decedent’s estate, open to litigation for years to come and it can result in a complete waiver of a valuable right.
With Older Lundy & Alvarez, You Are Never Alone
The passing of a loved one can be a very difficult time in anyone’s life. Let the probate attorneys at Older Lundy & Alvarez offer assistance in getting you through this emotional time by handling all your legal needs and guiding you through administering the estate of your dearly departed. Call 813-254-8998 to schedule an appointment and come in for a free consult.