Last Will and Testament, is a legal document executed by a person which disposes of property after their death. The Last Will and Testament of the deceased person. The Last Will and Testament, generally names a person to administer the estate.
Probate, a legal process which the assets of a deceased person are distributed to the heirs or beneficiaries, per the wishes of the deceased as stated in The Last Will and Testament or if there is no will, according to Florida Law. The Probate Court oversees the estate of the deceased to ensure all debts are paid and assets are properly distributed. Probate is required when a court order is needed to transfer ownership of the deceased’s properties or to distribute the assets of the estate. Probate may not be needed if all assets are jointly held and the joint holder is the survivor.
Probate matters are governed by Florida Statute laws and the Florida Probate Rules of Procedure.
Probate of Estates
Probate matters include:
◾Wills that are not filed until the death of the party.
◾Estates when assets are to be distributed.
◾Notice of Trusts
◾Disposition of Personal Property
What happens if a person dies and has no will?
The property will be distributed in accordance with the Florida Statute Laws.
What happens if there’s a will filed but no person or administrator has been named to represent the deceased?
It becomes necessary for an attorney to petition the Court to appoint a personal representative to the deceased’s estate.
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