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One of the most common ways of avoiding probate is to establish a living trust. Any assets you own, whether real estate, bank accounts, cars, or personal items, can be put into a living trust. A living trust resembles a will, appointing a trustee to take over on your death.
ALTHOUGH YOU ARE NOT REQUIRED TO HAVE AN ATTORNEY FOR CERTAIN PROBATE PROCEEDINGS, ONLY AN ATTORNEY CAN GIVE LEGAL ADVICE. IF YOU CHOOSE TO PROCEED WITHOUT AN ATTORNEY, AT ANY TIME IN YOUR CASE YOU MAY OPT TO HIRE ONE.
Filing for probate ? 10-day deadline This specifies that the individual in possession of the deceased's last will and testament must file for probate within 10 days from the date of death of the deceased in the same county where the deceased died. The size of the estate to be probated does not affect these ten days.
Here are the general steps you'll need to take to complete the Florida probate process: Submit the will. ... File for probate. ... Receive authorization from the court. ... Contact beneficiaries. ... Inventory assets. ... Pay debts. ... Request approval to distribute assets. ... Close the estate.
Without a will, though, there is no deadline as to how soon you need to file for probate in Florida. However, it's always a good idea to do it as soon as possible, to settle their affairs and transfer ownership of assets to the people who will inherit them.
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.
Letters of administration are a legal documents, issued by a probate judge, that appoint a Florida personal representative to act on behalf of Florida probate estates. Letters of administration are issued as part of formal administration.
Here are some things to consider when drafting a letter to your executor or trustee. Your thoughts about wealth. Share your story about how you came to the assets that you are leaving in your will. How was your wealth created, what do you value and what are your long-term goals for your wealth?