𝙸𝚏 𝚢𝚘𝚞 𝚍𝚘𝚗’𝚝 𝚑𝚊𝚟𝚎 𝚊 𝙿𝚘𝚠𝚎𝚛 𝚘𝚏 𝙰𝚝𝚝𝚘𝚛𝚗𝚎𝚢 (𝙿𝙾𝙰) 𝚊𝚗𝚍 𝚢𝚘𝚞 𝚋𝚎𝚌𝚘𝚖𝚎 𝚒𝚗𝚌𝚊𝚙𝚊𝚌𝚒𝚝𝚊𝚝𝚎𝚍… 𝚊 𝚛𝚎𝚕𝚊𝚝𝚒𝚟𝚎, 𝚏𝚛𝚒𝚎𝚗𝚍, 𝚘𝚛 𝚕𝚘𝚟𝚎𝚍 𝚘𝚗𝚎 𝚠𝚒𝚕𝚕 𝚗𝚎𝚎𝚍 𝚝𝚘 𝚑𝚒𝚛𝚎 𝚊 𝚐𝚞𝚊𝚛𝚍𝚒𝚊𝚗𝚜𝚑𝚒𝚙 𝚊𝚝𝚝𝚘𝚛𝚗𝚎𝚢 𝚕𝚒𝚔𝚎 𝚖𝚢𝚜𝚎𝚕𝚏 𝚝𝚘 𝚘𝚙𝚎𝚗 𝚊 𝚌𝚊𝚜𝚎 𝚊𝚗𝚍 𝚊𝚜𝚔 𝚝𝚑𝚎 𝚌𝚘𝚞𝚛𝚝 𝚝𝚘: Determine that you’re incapacitated; and Ask the Court to name a Guardian to make decisions for you. This…
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.