Legal Forms Florida Without A Will
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FAQ
If property, bank accounts, insurance policies, annuities, 401K plans, and all assets have beneficiaries or joint owners, probate is unnecessary. However, without a will or trust all assets must pass through probate court if no beneficiary or joint owner is named.
You can make your own will in Florida, using Nolo's Quicken WillMaker & Trust. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or if you want to disinherit your spouse, you should talk with an attorney.
If there is no will, or if the will is not valid, the estate will be distributed ing to Florida's intestacy laws. If probate is not filed, the probate court will not distribute the assets of the estate.
What Assets Avoid Probate in Florida? Revocable Trusts. ... Designated Beneficiaries. ... Transfer on Death Accounts. ... Joint Retirement Accounts. ... Tenancy By Entireties. ... Florida Homestead. ... Furniture and Appliances. ... Vehicles.
First you'll need to choose a personal representative for the estate and file a petition with the clerk of the Circuit Court in the county where your loved one lived. To serve as the personal representative, you must also file an Application for Administration for an intestate estate.