FAQs

Questions About Estate Administration and More

My father passed away without a will. Can we still sell his property?

A: Yes.  Simple-Probate can help you with this.

 

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What is the “No Money Out-Of-Pocket Probate Program”?

A: Over the last several years of helping families through the probate process, Simple-Probate has created a unique program called the “No Money Out of Pocket Program.” This program will assist your family during the probate process in the event the courts determine you need an attorney, and you cannot afford the cost.

 

Click here to qualify for “No Money Out of Pocket.”

Can you list my inherited home for sale?

A: Yes, we can. We work with an exclusive group of fantastic and hard-working licensed agents and will be happy to refer them to you so that you can get the best price and protection during the sale transaction.  We make it SIMPLE.  

 

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I live out of state, can you help me assess the condition of the home I was given?

Yes, we work all across Central Florida, from Tampa to Orlando to Jacksonville. We can be a great asset to help figure out the condition of the home, whether you from the area or out of state, help you figure out what is owed on the property. Our top-rated team of professionals and specialists can give you a complete report.

My brother wants to sell our parents’ home but I want to keep it, can you help us figure out the costs?

YES. In some situations, it is financially a good idea to hold on to a property. We can appraise the value of the property and give you a market analysis that will help you decide what is best for your family.

What assets go through probate?

Assets that go through probate include any asset that is individually owned by the deceased and thus not subject to a contract or a statute (law) which governs the transfer of ownership. Let’s analyze what happens when you have two types of bank accounts- for example, a single name account and a joint account. For the single name bank account, there isn’t any doubt that the only owner is the deceased in question. After the owner passes away, the bank will not take any inquiries or instructions unless a court-appointed executor/administrator exists. The only way that you are able to change ownership of the single name account is through the court, meaning that any assets in the bank account will have to go through probate. On the other hand, think about a joint bank account. The majority of bank accounts that are shared between two people have what is called “rights of survivors,’ which, as the name implies, means that the account goes automatically to the surviving owners without the need of a court order. The assets in this joint account will not have to go through probate.

What Is Probate?

The definition of Probate is, officially, “the official proving of a will” and/or “establish the validity of a will.” Probate can be defined more generally as the process of transferring the ownership of assets, paying off debts, and finalizing the legal affairs of a deceased individual.

Who handles the probate?

The legal authority that handles the affairs of the deceased is the probate court, otherwise known as the registry of wills. Since many people pass away without a will, the probate court will also encompass those cases. Passing without a will is also known as “intestate,” and in such cases state law will dictate how the assets (following debts and taxes) are distributed. The probate process typically includes the following steps:

  • Petition the court to become the legal representative of the estate
  • Notify heirs and debtors
  • Change legal ownership of assets from the deceased individual to the “estate of”
  • Cover funeral expenses, taxes, debts, and then transfer assets to heirs. 
  • Inform the court of your actions, and the close the estate

For some people the term “probate” may sound intimidating or confusing, but it’s basically just the process through which you seek authority from a court of law to act as the official representative of the state. After this authority has been obtained,  you will be able to investigate what assets the deceased owned, the debts that they owed, and what their heirs will be receiving.

Contact Us Today To Estate Administration

If you are seeking assistance with estate administration, call Simple Probate LLC in Orlando today!