Probate
Experienced South Florida Attorney
What is Probate?
Probate refers to the legal process for distributing the assets of a deceased person. Probate Court is a special division in the court system for handling this process and other similar matters. When a person goes to the court and asks for an Order to transfer a deceased person's assets, it is called probate.
Examples of Probate in Practice
- 1
"No, we cannot sell mom's house — the estate is still in probate."
- 2
"When I was going through dad's mail after he passed, I saw a bill from the credit card company… they asked if we had begun probate."
- 3
"My grandfather left in his Will that I should get the money in his bank account to pay for college, but when I showed the bank teller, they refused to give me the money — they said they needed the orders from Probate."
Which Assets Go Through Probate?
Probate is necessary for certain assets left in the deceased person's name at the time of death. To determine which assets are probate assets, we start by identifying which assets are not.
Non-Probate Assets (Transfer Automatically)
- ✦Property held as tenants by the entirety (husband and wife)
- ✦Property held as joint tenants with rights of survivorship
- ✦Assets with a named beneficiary
- ✦Assets already held in a trust
Probate Assets (Require Court Process)
- ✦Assets solely in the deceased's name
- ✦Property without a named beneficiary
- ✦Assets not held in a trust
- ✦Accounts without a payable-on-death designation
Probate and Wills — What You Need to Know
Did you know that Probate and Wills are virtually marriage partners? If a person dies without a Will, state laws decide who gets the property of the decedent. But this does not happen automatically — when an action is filed in probate court, the assets will get distributed by Court Order.
Many people believe that if someone creates a Will before they die then Probate is not necessary. That is just not true. Even with a Will, probate may be necessary if assets are not transferred to heirs and beneficiaries by some other means.
A Will does not transfer property. An order from Probate court does. A Will is a writing that records what the person wants done with his or her property after passing. Once your Will is in probate, the court ensures that the right process is followed.
How Long Does Probate Take?
Probate can take weeks, months, or more than a year. The time varies depending on the complexity of the estate, whether there are disputes among heirs, and the court's schedule. However, with an experienced attorney, probate can be handled with minimal delay and in a cost-efficient manner.
Contact Us for Probate Assistance
If you are looking for a caring, competent and trusted attorney to handle your probate matter, contact Hyde Law Office for an appointment. Call 954-224-2508 or visit www.thelawadvantage.com