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.
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I’m constantly in shock with how much bad advice there is out there and how many attorneys are practicing probate without knowing even the simplest of rules. Take this case I took over about a year ago… Names and identities have been changed to protect the *innocent*. A son and daughter lost their father. Let’s…
In Florida, homestead property is subject to special rules regarding distribution at death. If a person who owns homestead property dies, their surviving spouse may be entitled to a life estate in the property, depending on the circumstances. Under Florida law, if a person who owns homestead property dies and is survived by a spouse,…
In Florida, a surviving spouse has the right to elect to take a portion of the deceased spouse’s homestead property as a tenancy in common with the deceased spouse’s children, instead of taking a life estate in the entire property. There are so many statutes on this (Check them out HERE) so I’ll try to…
