Probate Administration
Probate is an old Latin term meaning to test, to prove or to examine. Probate administration is the legal process that we use to distribute a decedent’s assets to their beneficiaries.
As a general rule, probate assets are the assets owned solely in the decedent’s name when she/he dies and there is no legal beneficiary or joint owner attached to the property. There are four ways to own assets when you die: 1) solely; 2) jointly (excluding joint tenancy of real property); 3) with a legal beneficiary; and 4) in a trust. Since probate means to prove, the assets held jointly, with a beneficiary designation or in a trust with a beneficiary designation will pass automatically to the joint account holder or to the beneficiary because there is no need to prove, or probate, these assets. Thus, they are NOT probatable assets. All other assets require a probate court to determine title or ownership.
If the decedent dies with a valid last will and testament (often referred to as dying “testate”), then the will directs the court how to distribute the probate assets to the beneficiaries designated in the will. The will should also appoint a personal representative to be in charge of the estate administration such as gathering, maintaining and distributing estate assets as ordered by the court.
If the decedent died without a will (often referred to as dying “intestate”), then the Florida Legislature has laid out a structure in statutes which determines who your beneficiaries will be and who has priority to serve as personal representative.
There are also several different types of probate administrations, which vary based upon the value of the estate assets as well as the length of time that has elapsed since the descendent passed away.
Under Florida Probate Rules, you must hire an attorney to represent you in the probate administration unless the estate qualifies for a “disposition without administration” or you are the sole beneficiary of the estate.
Probate Litigation
At times, the administration of a deceased individual’s estate is disputed. This often involves challenging the validity of a last will and testament, trust or other advanced directive (Power of Attorney, Healthcare Surrogates or Living Wills). There are various reasons and ways in which wills are challenged, including challenges related to mental capacity and whether the individual executed the document based on the undue influence of another. Regardless of the reason, Britton Law is ready to represent clients from attempted pre-suit resolutions and continuing all the way through trial.