Florida Probate Laws
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Let Us Answer Your Answer Your Questions About Florida Probate Laws
Losing a loved one is never easy, and you may now have to handle their estate. You may have questions as to what has to go through probate in the state of Florida. In probate, the Florida court will be the entity that will oversee your deceased loved one’s estate and ensure the estate is handled according to the probate laws of Florida.
What Property and/or Assets Need to Go Through Florida Probate?
Some of the most common assets that are subject to Florida probate include, but aren’t limited to:

  1. Property or assets that were owned only by your deceased loved one such as a car or real estate.
  2. Any share of the deceased’s property that was owned as ‘tenants in common.’ As an example, if your deceased loved one owned commercial property with a friend or relative as an investment.
  3. Bank accounts or investments held in the deceased’s name only.
  4. Art and any collectibles.
  5. House or other real estate owned in the deceased’s name only.
  6. Contents of any safety deposit boxes.
  7. A life insurance policy that fails to name a beneficiary, or the named beneficiary has died
Who Is In Charge of the Florida Estate?
The person who was named executor in your deceased loved one’s Last Will and Testament is responsible for opening a case in the Florida probate court and seeing it through to its conclusion. If your loved one died without a will or didn’t name an executor, the Florida probate court will appoint someone to serve in that capacity.
How Long is the Probate Process in Florida?
In the state of Florida, the majority of estates can be probated in eight months to a year. However, if the estate requires litigation, or there is fighting between the beneficiaries or other parties, it could take much longer to conclude probate and close the estate.

Under Florida law, the four types of probate are as follows:

  1. Formal Administration,
  2. Summary Administration,
  3. Ancillary Administration, and
  4. Disposition without Administration.

The first step in the probate process is to file the Last Will and Testament of your loved one within 10 days of their death. If the estate is required to be probated, the court will have to validate your loved one’s will to determine how any assets should be distributed.
Can Probate Be Avoided in the State of Florida?
It may be possible to avoid probate in the state of Florida, but it will take careful planning by you before you pass away. One of the ways to avoid having your estate go to probate is to set up a living trust that contains all of your assets. This way, when you pass away, the trust beneficiary will receive any assets contained in the trust. Another way you may be able to avoid Florida probate is to name beneficiaries to as many of your assets as possible before you die. You can do this with investment accounts, retirement accounts, life insurance policies, etc. The key is for the parties involved to get the help of an experienced estate planning attorney.
Check out this short video from Randy Doane with more information on Florida Probate.
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