After a person dies, the Court may need to order the transfer of property to heirs or beneficiaries. The type of proceeding will depend on the date of death, assets, and if there is a Will. The most common types of probate administration are summary and formal.
While many people think probate should be avoided at all costs, and there are ways to do this, there may still be a need for Court involvement.
Are there assets that remain in the individual’s sole name?
Is there a beneficiary named?
Is there a Will? Who has the original?
Don’t be overwhelmed with trying to decide which type of probate administration you need. We can help determine the best course of action for your situation. CLICK HERE TO CONTACT US
If a Personal Representative is appointed, this is a formal administration. If a person dies with a Will, it is known as a testate administration. If a person dies without a Will, it is known as an intestate administration. If the person died outside of Florida and an estate is opened in another state, the proceeding is an ancillary administration.
Whether testate or intestate, formal administration starts with a Petition which gives the Court information about the person who died, who wants to be appointed Personal Representative, and the property the Court needs to transfer to the heirs. Personal Representatives will be required to sign an Oath, file an Inventory of the property in the estate, publish a Notice to Creditors, and eventually, when the estate has been fully administered, a Petition for Discharge. You’ll need to work closely with an attorney to accomplish these and other tasks. CLICK HERE TO CONTACT US
Florida does allow for streamlined proceedings to transfer assets after a person dies. The streamlined proceeding is determined based upon the date of death, value of probate assets, or both.