Florida Probate Forms - Fl Probate Court

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Florida Probate Forms FAQ Florida Probate Forms

What is probate? 

When a person dies, their assets are distributed in the probate process. Probate is a general term for the entire process of administration of estates of deceased persons, including those without wills, with court supervision. If a person dies with a will, a petition to probate the will is filed with the probate court in the county where the deceased resided at the time of death, asking for letters testamentary to be issued, giving the executor authority to handle the estate affairs. If a person dies with a valid will, an executor is named to handle the distribution of the estate. If the person dies without a valid will, the court appoints an administrator to distribute the decedent's assets according to the state's laws of intestacy. The court will issue letters of administration, also called letters testamentary, to the administrator, giving the authority to handle the affairs of the deceased. An heirship affidavit may also be used to conduct estate affairs when a small estate is involved. In cases where the decedent didn't own property valued at more than a certain amount, which varies by state, the estate may go through a small estate administration process, rather than the formal probate process.

What are the duties of an executor? 

The executor's obligations are generally to: a. Safeguard the property and assets of the estate; b. Inventory (or make a list of) the property; c. Submit accounts or inventories to the court as required (these could be waived); d. Pay the debts and expenses of the deceased (such as funeral and burial expenses, medical expenses, and credit card bills); e. Pay any federal or state death taxes, if any; and f. Distribute the estate to those named in the will or, if no will exists, to your heirs as designated by statute.

How can probate be avoided? 

All property of a decedent may not be subject to the probate process. Some assets, such as insurance policies or cd’s may name a beneficiary or pass automatically to a surviving joint owner outside the probate estate of the will. Assets held in trust, or in an account or policy with an insurer or financial institution with a named beneficiary, typically pass outside the probate process. Such assets go to the named beneficiary outside the probate process. If it is a survivorship account, or transfer on death account, it passes outside the probate process. Property held in trust is distributed according to the terms of the trust. It is possible to write a "pourover" clause in a will, so that property "pours over" into the trust, which is exempted from probate. The involvement of the court to transfer such property is not required. A bank account or motor vehicle title may also specify a death beneficiary and thus be exempt from the probate process.

Tips for Preparing Florida Probate Forms

  1. Begin probate. Before you start preparing Florida Probate Forms, see if you're qualified to become an property executor. In cases where a deceased person didn't name an executor, the court may assign one. To start the process, you should submit a petition for probate, a valid will, along with the death certificate to the court.
  2. Get info. Collect and review the information you need to use to submit the Florida Probate Forms appropriately, put together probate documents, and then present them to the legal court. The process may involve retirement and bank accounts and stocks and shares, estate such as a house, and personal belongings as collections and other valuable items.
  3. Take care of obligations and taxes, and monthly bills. Make sure that the resources you dispose of can cover all obligations, rents, and bills. Otherwise, the legal court will focus on claims of loan companies. Additionally, you're in charge of filing an income tax return and paying taxes.
  4. Distribute belongings. When you're completed paying out financial obligations, you are able to move on to the next thing. The rest of the assets is split between the beneficiaries (brothers and sisters, parents, spouse and next of kin) or by the will.
  5. Close estate. Gather receipts and records, and other probate documents during the entire procedure and after that submit them to affirm that you settled an real estate and accomplished the Florida Probate Forms in accordance with state and federal specifications.

What is a Small Estate Affidavit?

A Small Estate Affidavit in Florida is a document that allows the heirs of a deceased person to claim their loved one's assets without going through a lengthy probate process. It is a simplified way to transfer ownership of property, such as bank accounts, vehicles, or real estate, when the value of the estate is small. With this affidavit, the heirs need to provide basic information about the deceased person, their relationship to them, and a brief inventory of the assets. It is a quicker and less expensive option to distribute assets and settle the estate when the value is low.


What is Considered a “Small Estate”?

In Florida, a "small estate" is a term used to describe a deceased person's estate that is relatively small in value and complexity. It refers to estates where the total value of the assets left behind, such as money, property, and belongings, is under a certain limit set by the state. Essentially, if someone passes away and the total worth of their estate falls within this limit, it may be considered a small estate. Dealing with a small estate in Florida involves simpler and less formal probate procedures, making the process less burdensome for the family and beneficiaries.


Small Estate Requirements by States

Every state has its own set of rules and regulations when it comes to small estate requirements. These requirements determine how an estate can be settled quickly and with less hassle for the family. In Florida, for example, if the value of the estate is under $75,000 and there are no outstanding debts, a simplified process can be followed. This means the estate can be settled without going through a lengthy probate process. Instead, the family can use a simple affidavit to claim the assets and distribute them among the beneficiaries. It's important to understand the specific requirements in your state to make the probate process as smooth as possible.


How to Use a Small Estate Affidavit

Using a Small Estate Affidavit in Florida is a straightforward process that can help you handle the assets of a deceased person if their estate is small. To begin, check if the total value of the estate, including personal property, cash, and real estate, is less than $75,000. Then, complete the necessary forms provided by the court. These forms typically require information about the deceased person, their assets, and any outstanding debts. Next, sign the affidavit in front of a notary public, ensuring it is properly dated. Once completed, submit the affidavit to the county court where the deceased person lived. Finally, after the court approves the affidavit, you can distribute the assets to the rightful beneficiaries based on the instructions provided. Remember to keep records of all transactions and seek legal advice if you have any doubts.


Affidavit of Heirship vs. Small Estate Affidavit

In Florida, when someone passes away without leaving a will, their assets are usually passed on to their heirs. However, proving that you are a legal heir can sometimes be a complicated process. This is where an Affidavit of Warship or a Small Estate Affidavit can come in handy. An Affidavit of Warship is a legal document that allows heirs to declare their rightful claim to a deceased person's assets. On the other hand, a Small Estate Affidavit is used when the value of the estate is below a certain limit, typically $75,000 in Florida. It is a simpler and quicker option for heirs to transfer the deceased person's property to themselves. Both affidavits serve as evidence of the heirs' entitlement and are important tools in the inheritance process.