This guide explores probate, a court-overseen process in Florida that handles a deceased person’s (the decedent) assets. We’ll delve into the legal process of probate, how assets are distributed, and the importance of estate planning.
Process of probate in Florida
Probate ensures the decedent’s assets are identified, collected, and distributed according to their wishes (if a will exists) or Florida law (if there’s no will). This involves paying off debts and distributing remaining assets to beneficiaries.
Example of probate assets
- Bank accounts solely owned by the decedent
- Life insurance policies payable to the estate
- Real estate solely owned by the decedent
Distribution without a will (Intestacy)
When someone dies without a will, they are considered “intestate.” In such cases, Florida distributes assets to legal heirs as outlined in state law.
- Priority is given to the surviving spouse.
- If no spouse exists, assets go to descendants (children, grandchildren).
- If there’s no surviving spouse or descendants, assets pass to parents, siblings, or more distant relatives.
The Importance of estate planning
Estate planning goes beyond just a will. It’s a complete plan to ensure your wishes are followed and your assets are properly managed both during your lifetime and after your passing. Here are some key estate planning tools:
- Will: A legal document outlining asset distribution and appointing a personal representative (executor) to manage the probate process.
- Durable Power of Attorney (DPOA): Grants someone you trust the legal authority to manage your financial affairs.
- Advance Healthcare Directive (Designation of Health Care Surrogate & Living Will): Specifies your wishes for medical care in case you cannot communicate them yourself.
- Revocable Living Trust: A legal entity that owns assets you transfer during your lifetime. It can help avoid probate for some assets and streamline distribution.
Benefits of hiring a Florida probate attorney
Before meeting with your Florida probate lawyer, it’s essential to determine if the decedent had a will or not, the potential beneficiaries, and compile a list of the decedent’s assets and liabilities to facilitate the discussion with the lawyer. Additionally, if you have any questions or concerns regarding the decedent’s estate, liabilities, or any other matters relating to the probate, it’s helpful to jot them down for discussion.
Apfelbaum Law’s attorneys will meticulously review your notes, addressing any uncertainties or queries. With our experience in the field, we can offer valuable insights, reminding you of overlooked assets or situations.
At Apfelbaum Law, we offer complete estate planning services, addressing not just probate matters but also concerns like guardianship arrangements, living wills, and healthcare directives. Our attorneys provide tailored consultations and guidance to empower clients throughout the process. Located in Port St. Lucie and Stuart, Apfelbaum Law serves clients across the Treasure Coast and Florida, offering accessible and personalized legal assistance.
