When somebody passes away without leaving a will, then it is up to those left behind to figure out how to transfer or distribute the property of the deceased person. This typically necessitates going to probate court. Despite the negative publicity probate receives for being complicated and expensive, there are certain benefits that come from going through probate without a will. Read on to learn more about probate law, probate lawyer fees, and probating without a will in the state of Florida. If you’re interested in a consultation with a probate lawyer, call Simple-Probate in Orlando today.
Probate Law Basics
First, let’s discuss some of the basic knowledge. When you pass away without a will, it is known as “dying intestate.” Every state has individual guidelines on how property and other assets will be distributed when a person dies intestate, which are known as state “intestate succession” laws. These laws stipulate how your estate will be handled in probate court. Look around your home, and picture what would happen if you were suddenly gone. You passed away and neglected to leave a will. Who would clean your house, and where would your belongings go? And what if your heirs had a huge argument over who kept your cat? Probate court establishes a final decision to many unanswered legal questions that come up when you die without a will. Here are some reasons why you may want to go to probate without a will:
- Cuts off creditor claims- After somebody close to you passes, the last thing you want is to deal with debt collectors. Depending on the laws of your state, beginning probate is able to reduce the time creditors can file claims to as few as three months.
- Resolves conflicting claims to property- Inheriting property doesn’t always bring out the best in people. Probate doesn’t guarantee heirs won’t litigate disputes over property. However, intestate succession laws applied by the court to distribute property can give closure to some disputes.
- Transfers title- Unless real property is held in a trust or some type of joint ownership, it generally has to go through probate to transfer the name on the title.
Role Of The Court
State courts typically contain a designated probate division that is usually called probate court. The primary function of probate court is to oversee the process that lawfully resolves all debts, taxes, and financial affairs of people who pass away. Probate court also ensures that the remaining assets will go to the correct people. Probate court chooses the estate administrator when you pass away without leaving a will. Generally, the surviving spouse is appointed. If there is not a spouse, or they decline, then the court will appoint the next nearest relative. A lot of states have residency requirements for administrators, which can create some serious problems for families that are spread across the country. To learn more about probate lawyer fees, forms, and more, you can reach out to an attorney for a consultation.
Contact Us Today
Probate law is what determines where somebody’s property goes if they pass away without a will. To learn more about probate lawyer fees and probating without a will in Florida, call Simple-Probate at our Orlando office today.