Opening a probate case is necessary when the person who has passed, (called a “decedent”), owned assets in his or her name alone. If the decedent owned property without any other names on the title or on the account, then a case must be opened to distribute the assets to the rightful heirs. An exception in some states is a motor vehicle. In Florida, it can be transferred to the decedent’s heirs by providing a certified copy of a death certificate to the DMV without opening an estate case. There are some other procedures available, which help streamline the probate process. If the estate meets certain requirements, a small estate or a summary administration may be possible. Just ask us how!
Sometimes, assets held in more than one name still require probate administration if the assets were not held jointly, but as tenants in common. An estate will be necessary to distribute the decedent’s tenant in common share in the asset to his or her beneficiaries.
Another instance where a probate case is necessary is if the decedent had a payable-on-death account or life insurance policy and the designated beneficiary of the policy pre-deceased the decedent. Likewise, if the policy did not specify a beneficiary, a case must be opened to distribute the policy to the decedent’s beneficiaries.
For a consultation with Irama Valdes, P.A. call (305) 477-1111 or send us an e-mail. We serve all of Florida.
Hablamos Español.
They are not the same thing — and confusing the two can have serious consequences for your rights to your own home. It happens more often than you might expect. A client walks into my office, grieving, stressed, or in the middle of a family dispute, and they say it: “But I’m on the mortgage.…
With tax day upon us, I thought it When it comes to trust administration, timing can determine who ultimately pays the tax. The “65-Day Rule” gives trustees a limited opportunity after year-end to make strategic decisions that can significantly reduce tax liability. What Is the 65-Day Rule? The 65-Day Rule allows a trust or estate…
Words by: Annabelle Harris Miami residents facing family loss often have to keep moving while grief pulls focus in the opposite direction. For grieving individuals, the emotional challenges of grief, shock, fatigue, anger, numbness, and guilt, can make basic decisions feel heavy, and legal responsibilities can add pressure at the worst time. That’s when…
