What is Probate?
Probate is a court-supervised process for identifying and gathering the assets of a deceased person, paying the decedent’s debts and distributing the decedent’s assets to his or her beneficiaries.
If you have lost a loved one, we understand how difficult this time is for you. If you are like most people, you don’t know what to do next. You need a trusted Florida Attorney to assist you in dealing with this overwhelming time in your life.
At Andrea L. Jakob, PA, you’ll receive the trusted, compassionate and personalized care that you need at this difficult time.
What Steps do I Take When A Loved One Dies?
After contacting a funeral home, someone should take possession of the credit cards, driver’s license, bills, bank account statements and mail. Other suggestions include, gathering tax returns and insurance policies. You should contact Andrea and her staff to help you with these trying tasks and to take some of the stress from your shoulders at this difficult time.
In Florida, whenever someone passes away, that person’s property (house, car, bank accounts, jewelry, etc..) immediately becomes property of that person’s “estate.” It does not matter if the person is very wealthy or not: when anyone dies in Florida, automatically, a legal estate is created.
You need an attorney to assist you with the probate process. Call Andrea L. Jakob, PA as soon as possible so you will have one less thing to worry about at this challenging time.
What is an Estate?
In Florida, whenever someone passes away, that person’s property immediately becomes property of that person’s “estate.” Florida law has provided that legally, there is never any gap in ownership of any property (land, cars, jewelry, boats, etc.). It does not matter if the person is very wealthy or not: when anyone dies in Florida, automatically, a legal estate is created.
That estate is meant to be temporary, to help change title to deeds and other proofs of ownership, among other things. The process of transitioning the property from the estate to the heirs or beneficiaries that survive the person who has just died is called “probate.”In Florida, there are specific courts set up just to deal with probate matters. The person who died is in legal terms called a “decedent.”
What are Probate assets?
Probate assets are those assets that were owned in the decedent’s sole name at death, or that were owned by the decedent and one or more co-owners and lacked a provision for an automatic transfer of ownership at death.
Is Probate necessary?
Probate is necessary to pass ownership of the decedent’s probate assets to the decedent’s beneficiaries unless every asset has a direct succession or transfer of ownership. If the decedent had no will, probate may be necessary to pass ownership of the decedent’s probate assets to those persons who are to receive them under Florida law. A will does not automatically transfer ownership of property; therefore, probate may be necessary for you to legally obtain the ownership of what your loved ones wanted to pass to you.
Florida Law requires that the custodian of a will must deposit the will with the clerk of the court within 10 days after receiving information of the death. Then, any person named in the will, or any interested person, can petition the Court for appointment as the personal representative of the estate. If there is no will, Florida law sets forth who will receive the assets of the estate and who can serve as the personal representative.
Do I need to hire an attorney?
Yes! You need an attorney to assist you with the probate process. Contact Andrea L. Jakob, PA as soon as possible so you will have one less thing to worry about at this challenging time.