Thursday, August 11, 2022

An In-Depth Look into Will & Probate Laws in Florida

Probate is an essential court-supervised legal process for verifying and administering an individual’s assets after death. However, An In-Depth Look into Will & Probate this process will defer from one state to another; An In-Depth Look into Will & Probate therefore, it is necessary to understand which legal process is applicable in your state.

This article takes an in-depth look at the wills & probate legal process that applies to the state of Florida.

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An Overview of the Florida Wills & Probate Process

There are three main types of wills & probate processes under the Florida laws. Below is a description of each type.

The Formal Administration Probate

As the name suggests, this is the standard and the most common type of will & probate process. Formal administration probate takes effect at the local circuit court in the county where the late was living at the time of his death. The process starts after the person has passed away and when the will executor asks to be appointed as the representative decedent’s property. The beneficiaries listed in the will are then issued with a notice and given time to raise any complaints.

Summary Administration Probate

This form of wills & probate process is availed when the value of the property undergoing probate in court is $75000 or below. This form of probate is also applicable when the decedent passed away over two years ago. For instance, when a person has been missing and is reported dead. The process is initiated by filing a petition for summary administration, and the surviving spouse must sign the petition.

The Deposition without Administration

Deposition without administration is applied when there are no wills & probate processes to be heard. For example, when the decedent did not leave any real estate or the property’s value is not feasible to pay for the probate process. Even if there is no formal court hearing, the beneficiaries must sign a form known as “disposition of property without administration.”

What Happens If Someone Died Without a Written Will

In Florida, when someone dies without a valid will. The property is declared “intestate.” However, this does not imply that the said property belongs to the state of Florida. It simply means that the state of Florida can prescribe how the property of the decedent will be shared among the beneficiaries, as found in chapter 732 of the Florida statutes.

Disputes on Written Will

Although the decedent’s last wishes are expressed in a will, disputes may arise after that, and these disputes become more complicated, especially when one dies without a will. Among other reasons, the arguments include; challenges of trust or a contested will. In the state of Florida, it can be contested if it is legally proven that the person who drafted the will did not have the mental capacity to understand the document’s impact. Or the will was not executed in the right way.

Similarly, a will can be challenged in court through legal disputes for several reasons such as improper witnessing of trust or doubtful mental capacity of the settlor.

Summary

Florida has a clear set of rules and laws regarding wills. And has a transparent process of settling any dispute in the probate court. The rules ensure fairness and an equitable share of property among the beneficiaries.

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