Frequently Asked Questions About The Probate Process
At Karlson Law Group, we can guide you through the probate process so that you avoid problems and take advantage of cost-saving opportunities. Below are some frequently asked questions that we receive from our clients:
What Is Probate?
As explained by Florida Courts Help, Florida probate is a court-supervised process for identifying and gathering the assets of a deceased person (decedent), paying the decedent’s debts and distributing the decedent’s assets to his or her beneficiaries.
Are There Different Types Of Probate?
There are multiple types of probate administration under Florida law: formal administration, summary administration, Petition to Admit Non-Resident Will and Petition to Admit Foreign Will. There is also an administrative proceeding not supervised by the court called “Disposition of Personal Property Without Administration.” The type of administration needed depends on many factors including: whether the decedent wrote a will or not, lived in Florida or not when they died, how long it has been since decedent passed away, and the amount of assets in the probate estate.
What Are Probate Assets?
Probate administration only applies to probate assets. Probate assets are those assets that the decedent owned in his or her sole name at death, without a beneficiary being named. Jointly owned assets pass to the joint owner at the death of the first.
Who Oversees The Probate Process?
The Probate process is overseen by the probate court. A properly drafted Will names a personal representative, also known as an executor, who is in charge of gathering and distributing decedent’s assets, as long as they qualify under Florida law to serve in this role.
Is It Possible To Avoid Probate?
During your lifetime you can take steps to avoid probate. The creation of a trust or other probate avoidance strategies can be used. Please see our estate planning elements section for more information.
Learn More Today
To learn more about the estate planning options available to you, contact our firm today. We serve neighboring geographies Sebring, Avon Park, Wauchula and Okeechobee from our office in Lake Placid. We are available via email by visiting our contact page, as well as by phone at 863-465-5033.