Initiating probate without a will in Florida If your loved one had left a will, you would be required to file it in probate court within 10 days of their death. Without a will, though, there is no deadline as to how soon you need to file for probate in Florida.
If there's no will or no executor named in the will: If there is no will or the person who should handle the estate is not named in the will, a relative or legal representative must request permission from the probate court to close the account.
How can I transfer property after death without a will in Florida? If the controlling deed does not contain life estate language, then the only way to transfer property without a will is by either a summary administration or by a formal probate administration based on Florida's intestacy law.
First, the assets go to the descendants of the decedent. If there is no descendant, the estate passes to the decedent's father and mother equally. If there are neither descendants nor parents, the estate passes to the decedent's brothers and sisters and their decedents.
Bank accounts with no named beneficiaries will need to pass through Florida probate as per the will's instructions by the personal representative. Probate can be expensive and complicated, leaving it open to disputes and family turmoil. Your will is also accessible to the public in Florida after your passing.
Frequently Asked Questions Regarding Probate in Florida Formal administration typically takes 12 to 15 months to complete. Summary administration can take less than a month. However, the probate process can take longer if disputes or other difficulties arise.
Probate Administration To access the funds in a deceased person's bank account, the appointed executor must provide documentation to the bank to prove that the court has appointed them as the estate executor. This documentation may include a death certificate, letters testamentary, and other legal documents.
Respected Sir/Madam, I am writing to you with a heavy heart to inform you of the demise of my husband, Mr. Rajeev Singh, who had a savings account in your esteemed bank. It is a difficult time for our family, and I need to settle his financial affairs.