How does property transfer after death?

Barry Evan Haimo

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Probate Attorney - Fort Lauderdale, FL

Contributor Level 12

Posted about 1 year ago. Applies to Florida, 1 helpful vote

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Whether or not you have a validly executed Will, your estate will go through Probate to the extent that you die owning assets in your name. "Probate" is the legal process through which a deceased person's affairs are formally settled. First, an attorney must be retained to open up an estate w/ the court. A person is then appointed to administer the estate, who is often called a Personal Representative or Executor. The Personal Representative works with the attorney and is responsible for overseeing the entire process, beginning with locating a validly executed will. The Personal Representative must then identify and gather all the deceased person's assets, file an inventory with the court and notify the deceased's creditors of the pending estate. It's a lot of work. Next, assets are then pooled together and used to satisfy creditors' claims. Finally, the balance of assets are ultimately distributed to the proper beneficiaries, who - as you now know from the crash course on wills - are determined by the will or may be decided for you by the state in which you reside. The assets included in probate are Pll property (assets) in your name upon your death. "Property" includes everything you can possibly own, such as cash, stocks, bonds, houses, vehicles, jewelry, artwork, business interests, and even future interests. It's important to plan ahead to avoid probate. *Please note that a will does not avoid probate. A properly drafted and executed estate plan will remove all assets from your name and provide for a smooth transition for your family not only after death (avoiding probate), but in the event you become incapacitated from injury or illness (guardianship). It's a no-brainer for both financial as well as emotional reasons.

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