What is probate?
Probate is the legal process through which a deceased person’s estate is used to pay off the deceased’s debts and distributing the assets to his or her heirs.

What assets are included in probate?
Probate assets are any assets that are owned solely by the decedent. This can include the following: •Real property that is titled solely in the decedent’s name or held as a tenant in common •Bank accounts that are solely in the decedent’s name •An interest in a partnership, corporation, or limited liability company •Any life insurance policy or brokerage account that does not list a beneficiary or lists either the decedent or the estate as the beneficiary

Do I need to probate when the decedent died with a will?
Contrary to popular belief, a will does not avoid probate. If the decedent left a valid will, unless the will is admitted to probate in the court, it will be ineffective to pass ownership of probate assets to the decedent’s beneficiaries.

What happens if the decedent didn’t have a will?
If the decedent had no will, probate is necessary to pass ownership of the decedent’s probate assets to those persons who are to receive them under Florida law. Someone who dies without a valid will is “intestate.”

How can you avoid probate?
Regardless of why you want to avoid probate, there are steps you can take to try to avoid probate if you plan properly. For more information visit https://popwelllaw.com/life-and-estate-planning/

What does the Probate process include?
The probate process can include: – Proving that the decedent’s will is valid. – Identifying and preparing an inventory of the deceased’s assets. – Notifying creditors and heirs of the probate case. – Paying debts. – Filing taxes. – Distributing the assets.

What are the types of probate administration in Florida?
Generally, there are two types of probate administration under Florida law: formal administration and summary administration. A “formal administration” is the more involved of the two kinds of Florida probate administrations. A formal probate administration requires a minimum of five months to complete, and most take longer. “Summary administration” is a short form” of probate for certain smaller or older estates, which is quicker and cheaper than the “formal administration” used for most Florida probate administrations.