In the state of Florida, there is no minimum value that must be met in order for an estate to go to probate. All estates of a decedent who had owned assets in the state must go through probate no matter the value.
If a decedent only owned real estate located in Florida, it does not necessarily mean that probate is required. The title and how it is held is more important. If the property is titled solely in the name of the decedent, it will pass by operation of law and will likely not require probate administration.
In some cases, a will may be necessary to show the title of property and the court can determine if any probate action is required.
Table of Contents
What triggers probate in Florida?
Probate in Florida is triggered when a decedent (the person that has passed away) has any assets titled in their name that must be addressed. This includes any real estate, cars, bank accounts, or other tangible assets that are not held jointly as tenants by the entirety or “payable on death” (POD).
Additionally, any intangible assets, such as stocks, bonds, life insurance proceeds, trusts, or shares of a closely held business, may also be subject to probate. In the event of death of the decedent, these assets will not necessarily automatically transfer to the heirs or beneficiaries according to the last will and testament.
Depending on the nature of the asset, it may be necessary to submit them to probate court in order to transfer ownership.
In Florida, the probate process is managed by the local probate court. Depending on the individual circumstances, the executor of the estate (usually the named executor in the last will and testament) may be required to hire an attorney to assist, draft documents, and apply for the appropriate court orders.
Generally, the process involves opening a probate case, capturing an inventory of assets, paying final taxes and debts, fees and expenses, and distributing the remaining assets to the designated heirs or beneficiaries.
Depending on the complexity of the estate, the probate process can take anywhere from several months to multiple years.
Can an estate be settled without probate in Florida?
Yes, an estate can be settled without going through probate in Florida. Probate is a costly and time-consuming process, so if the estate is small enough or the assets are not complicated, there are other ways to settle an estate.
One way is a Transfer on Death (or TOD) designation in which ownership of certain property and assets can be transferred to another person upon death. This designation can be put in place on life insurance policies, securities, and the title of real estate.
In addition, joint tenancy with rights of survivorship, payable on death designations on bank accounts, and beneficiary designations on retirement accounts can all be used to successfully settle an estate in Florida without going through probate.
As with any estate-related matter, it is always best to consult a knowledgeable lawyer or other financial professional when making decisions about settling an estate.
Who decides if probate is needed?
Whether or not probate is needed depends on the specific circumstances of the estate and the type of asset owned by the deceased. Generally, when a decedent passes away and leaves property behind, probate is needed to decide who gets that property and in what amounts.
Depending on the rules of the state in which the decedent lived, probate may or may not be necessary to transfer the title of the property to the designated recipient. Some states, like Florida, have implemented laws that allow certain estates to go through the probate process without a court’s involvement.
If a decedent has a will, the executor of the estate typically makes the decision about whether or not probate is needed. The executor of an estate is generally responsible for filing a petition in the local court to open the probate proceedings.
Alternatively, if the decedent passed away without a will, they are said to have died “intestate,” and the probate court would then decide who should be named as the executor to handle the estate’s affairs.
Ultimately, it is up to the court to make a decision on whether probate is required. The court takes several factors into account during this process and screens each case individually, so no two situations will be identical.
What is considered a small estate in Florida?
In Florida, a small estate is generally one that does not exceed $75,000 in value. This amount is based on the date of death value of the estate, which is set in accordance with the Florida Probate Code.
The size of the estate is important, as it indicates which probate process is necessary. In Florida, probate proceedings are known as either formal or summary administration. For example, estates valued at more than $75,000 must go through a formal administration, which can involve more time, money and paperwork.
Summary administration is a simpler process used for smaller estates that would otherwise be subject to formal administration. In the event that an estate has no assets, including financial or real property, then there are no probate processes necessary.
How long after death do you have to file probate in Florida?
In the state of Florida, probate must be initiated within two years after the date of death of the deceased individual. Generally, this involves filing the necessary forms with the local probate court within that time frame.
While some states allow four years to take these steps, Florida law requires probate to begin within two years, unless there is an exception as provided in the Florida Probate Code. If the two-year window has passed, then probate may not be possible, and any assets of the deceased person may be deemed by the state to be abandoned.
What assets are exempt from Florida probate?
In the state of Florida, certain assets are exempt from the probate process. Generally, these assets are exempt if they are titled in a way that avoids probate, such as jointly owned property with right of survivorship, life insurance or annuities with beneficiaries, retirement accounts with designated beneficiaries, bank accounts held in transfer-on-death arrangements, and certain trusts.
Assets that are exempt from probate in the state of Florida include any joint tenants with the right of survivorship, the real estate of a decedent that is held in a living trust, and property excluded by a premarital agreement.
Additionally, assets held in other trusts, life insurance policies with a designated beneficiary, and certain retirement accounts that have a named beneficiary may also be exempt from probate. Some assets may also pass directly to designated beneficiaries based on state laws or by contract.
In such cases, these assets also do not have to go through the probate process. Generally, any asset that does not go through the probate process is exempt from probate in Florida.
Does a car have to go through probate in Florida?
In most cases, a car does not have to go through probate in Florida. In many cases, if the owner of the car has passed away, the car can be transferred to the beneficiaries without probate. This occurs if the car is part of the deceased individual’s estate and the beneficiaries are named in the will or trust.
Additionally, Florida law provides a certain amount of assets that can pass to the beneficiaries without probate. This includes vehicles valued at $6,000 or less. In order to transfer the car, the person receiving the car will typically need to provide the death certificate, proof of ownership, and a valid photo ID.
If the car is worth more than $6,000, then the probate process would be required.
What happens to a car when someone dies in Florida?
When someone passes away in Florida, their car is typically handled according to the terms in their will. If the decedent had a valid will that specified an heir to the vehicle, then the heir will be able to obtain title to the vehicle according to the procedure set out in the Florida Statutes.
The first step is getting a Death Certificate and obtaining an Affidavit of Transfer of Vehicle. When that Affidavit is completed and submitted to the local county Tax Collector, the title to the vehicle can be transferred to the named heir.
If the decedent did not have a will or did not specify an heir for the vehicle, then the remaining items in their estate, including the car, will go through the probate process. During probate, the courts will determine to whom the vehicle is to be transferred and that person can then go through the Affidavit of Transfer and title the car in their name.
Depending on the age of the vehicle, it may also require an emissions inspection or safety inspection. This may be necessary to complete the title transfer and registration of the vehicle. The title in such cases must be issued by the local county Tax Collector.
Is a car part of an estate in Florida?
The answer to this question depends on how “estate” is being used. If you are referring to a person’s estate, such as in the context of a will, then a car may be part of that estate depending on what is specifically outlined in the will.
If you are referring to property, then a car may be part of an estate if it is parked on the land or considered to be a valuable asset. Additionally, many times people will choose to include cars in their will, so it’s possible that a car may be part of an estate even if that is not specified in the will.
Typically, a will will list specific items, so if a car is included, then it is likely that it would be part of the estate.
How to transfer a car title when owner is deceased in Florida?
If the owner of a car in Florida is deceased, the car title must be transferred to another person from the estate of the deceased owner. In order to do this, the executor or other legally-designated representative of the estate must follow a specific set of procedures.
First, the executor of the estate must obtain a certified copy of the death certificate from the Florida Department of Health.
Next, the executor must obtain a Closing Statement from the estate’s probate attorney. The Closing Statement must include the Clerk’s Certificate of Discharge, showing the court verification of the executor’s authority.
The executor should then contact the local tax collector’s office and provide a copy of the death certificate, Closing Statement, and owner’s vehicle title.
The executor must then obtain a new title in their name, which will then be transferred to the new owner. The executor will have to pay the vehicle title fees and taxes. If the new owner is a relative, they will have to present proof of relationship, such as a birth certificate or marriage license.
Finally, the executor must provide the new owner with an executed bill of sale, which must include the make and model of the car, the year of its manufacture, the Vehicle Identification Number (VIN), and the transferor’s signature.
In Florida, the title can be transferred up to six months after the owner’s death, but the vehicle must be re-titled in the name of the executor or a third-party if more than six months have passed.
Once all of the necessary documents have been gathered, the executor can contact their local tax collector’s office to complete the transfer of the car title.
How do you know if probate is necessary?
Probate is necessary when a deceased person has left behind assets that need to be distributed according to their will or state intestacy laws. Assets may include real estate, securities, bank accounts, life insurance policies, vehicles, and other personal items.
Probate is also necessary in certain situations when the deceased has creditors. In these cases, the probate proceedings help to ensure that these creditors are paid what they are owed before any remaining assets are distributed to the heirs.
In some cases, probate may also be necessary to resolve any legal disputes between the heirs and creditors.
In general, probate is necessary for any estate that has assets that must be distributed, either according to the will of the deceased or by state law. It also may be necessary if the deceased has creditors that must be paid before any remaining assets can be distributed.
Additionally, probate may be necessary to resolve any legal disputes between the heirs and creditors.
