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Why Probate is Necessary
Probate is necessary for the following reasons:
- To pass ownership of the decedent’s assets that fall under probate to the rightful beneficiaries
- To ensure that the creditors to the decedent’s estate are paid and to otherwise close the decedents financial affairs
Distribution of Probate Assets When There is No Valid Will
Probate assets are distributed in the following order of priority:
- If there is a surviving spouse and no lineal descendants, all of the estate property goes to the spouse.
- If there is a surviving spouse and lineal descendants (and all are descendants of the spouse and the decedent both) then the spouse receives the first $60,000 of the estate plus one half of the remaining estate.
- If there is a surviving spouse and lineal descendants of the deceased, but one or more of the descendants are not lineal descendants of the surviving spouse then one half of the estate goes to the spouse and the other half to the descendants.
- If there is no surviving spouse and there are lineal descendants then the estate goes to the descendants.
When Do You Need a Probate Lawyer?
If you are listed as the Personal Representative of the Estate you should have a probate lawyer to assist in administering the estate. Even the simplest probate proceedings will have legal issues arise which will be unfamiliar to non-attorneys. One of the purposes of probate is to make sure that creditors have the opportunity to file claims against the estate and an attorney for the Personal Representative can help ensure that you fulfill all of your responsibilities under the law.
Other issues may also arise that will require the aid of an attorney. Some examples are guardianship disputes, lack of mental capacity lawsuits or contesting a Will. A probate lawyer specializes in these scenarios and can answer any questions you have.
This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about Probate Law in Florida.
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Personal Representative of an Estate
In the case where there is a valid Will, the Personal Representative of the Estate is the person appointed in the Will. The Personal Representative of the Estate is generally the person who will initiate the probate proceedings. If there was no Will then a close relative usually will file the probate, but any creditor or beneficiary of the estate can legally file. However, a surviving spouse is usually the first choice for serving as the Personal Representative of the Estate in the case where there is no valid Will.
Personal Representative of an Estate
In the case where there is a valid Will, the Personal Representative of the Estate is the person appointed in the Will. The Personal Representative of the Estate is generally the person who will initiate the probate proceedings. If there was no Will then a close relative usually will file the probate, but any creditor or beneficiary of the estate can legally file. However, a surviving spouse is usually the first choice for serving as the Personal Representative of the Estate in the case where there is no valid Will.
Why Probate is Necessary
Probate is necessary for the following reasons:
- To pass ownership of the decedent’s assets that fall under probate to the rightful beneficiaries
- To ensure that the creditors to the decedent’s estate are paid and to otherwise close the decedents financial affairs
Distribution of Probate Assets When There is No Valid Will
Probate assets are distributed in the following order of priority:
- If there is a surviving spouse and no lineal descendants, all of the estate property goes to the spouse.
- If there is a surviving spouse and lineal descendants (and all are descendants of the spouse and the decedent both) then the spouse receives the first $60,000 of the estate plus one half of the remaining estate.
- If there is a surviving spouse and lineal descendants of the deceased, but one or more of the descendants are not lineal descendants of the surviving spouse then one half of the estate goes to the spouse and the other half to the descendants.
- If there is no surviving spouse and there are lineal descendants then the estate goes to the descendants.
When Do You Need a Probate Lawyer?
If you are listed as the Personal Representative of the Estate you should have a probate lawyer to assist in administering the estate. Even the simplest probate proceedings will have legal issues arise which will be unfamiliar to non-attorneys. One of the purposes of probate is to make sure that creditors have the opportunity to file claims against the estate and an attorney for the Personal Representative can help ensure that you fulfill all of your responsibilities under the law.
Other issues may also arise that will require the aid of an attorney. Some examples are guardianship disputes, lack of mental capacity lawsuits or contesting a Will. A probate lawyer specializes in these scenarios and can answer any questions you have.
This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about Probate Law in Florida.
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