Someone who dies without a valid will dies “without a will”. Even if the decedent dies intestate, estate assets are rarely handed over to the state of Florida. The state would only take the decedent's assets if the deceased had no heirs. What happens when you die in Florida without a will? In most circumstances, you will need to hire an attorney to assist you in the probate process.
First, you will know that you have to legalize an asset when it is in the individual name of the deceased. This includes bank accounts, stocks, bonds, land and more. The family will not be able to take control of these assets without following the exact rules set forth in the Florida Probate Code. We have more information on probate assets here.
Do I need a lawyer? — The short answer is yes. In the state of Florida, an attorney is legally required to represent you during a probate hearing, except in some exceptional circumstances. Anyone who has a will must file it with the county court after the person dies, according to Florida law. It doesn't matter if the estate will have to go through legalization.
The will still needs to be validated by the court. The rules followed for probate proceedings are found in Part I and Part II of the Florida Probate Rules. Some tools to avoid probate are simple and free, while others are more complex and require the help of an attorney. Even the simplest testamentary inheritance must be open for at least the three-month creditor's claim period; it is reasonable to expect that a simple testamentary inheritance will take about five or six months to properly handle.
Consulting with an attorney for probate is not only advisable, but also mandatory in the state of Florida (with only one rare exception discussed in the article). Florida Probate Law Group attorneys offer free writing exams and can often retrieve deeds from property records electronically. A personal representative should always hire a qualified lawyer to assist in the administration of the decedent's estate. Specific questions or concerns about probate should be discussed with a Business Trial Group attorney.
The surviving spouse and children of the decedent may be entitled to receive the estate assets of the decedent's estate, even if the decedent's will gives them nothing. Probate may not be necessary when certain final expenses are greater than the value of the property that would go through the estate. If the decedent left a valid will, the Court will admit the will (in accordance with the procedures) to transfer ownership of the estate assets to the designated beneficiaries. The personal representative's lawyer advises the personal representative on the rights and duties under the law and represents the personal representative in inheritance proceedings.
Probate Court: Commonly used to describe the court in which the probate hearing takes place, although most hearings are held at the County Clerk of Court. For all but the simplest estates, Florida law requires that the personal representative of an estate hire an estate attorney to guide you through the process. It is important to note that this is only available when the deceased person did not leave any real estate at all, and the only assets available for the legalization of the estate have a value less than the amount of final expenses after the succession. But keep in mind that the actual process can vary significantly depending on the estate and assets being tested and that the steps below are only intended to serve as an overview of the probate process.
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