When an individual passes away, the physical property, real estate, bank accounts, and other assets are considered a part of their estate and their estate must pass through “Probate”, a legal process, in order to be transferred to the designated beneficiaries in their will.

Florida Probate requires the assistance of a hired attorney with the exception of a few scenarios:
• Disposition without Administration: Little to no estate to pass on to a beneficiary
• All assets are jointly owned
• All assets have a named beneficiary such as a life insurance policy or 401(k)
• Assets are listed and controlled by a revocable or living trust

If a person passes away in the State of Florida without a will or other estate planning document (like a revocable trust), then the estate is distributed according to Florida’s intestacy laws. These laws usually distribute your estate to your closest living relatives, usually lineal descendants—the spouse first and then natural or legally adopted children (or their descendants). If there are no lineal descendants then to the decedent’s siblings or their sibling’s children. 

The probate lawyers of Legacy Law of Florida can assist executors of a will to navigate the processes of Probate or help a decedent’s loved ones to ensure an estate is equitably distributed when there is no will or trust present.

Have questions about this? Call (813) 643-1885 or send us a message