Probate Without a Will Lawyer
Some people believe that when a person dies without a will, there’s no need to go through the probate process. The word “probate” technically focuses on the process of proving the validity of a will, so in a way, that assumption is true. But the probate process involves a lot more than assessing the will, and there are required procedures for situations where the deceased person did not leave a will.
In other words, the lack of a will does not excuse you from having to follow all the rules of probate. And that’s why working with an experienced probate lawyer can prove very beneficial.
The court needs to see certain paperwork and approve certain steps before you can settle the affairs of someone who died without a will. If you miss a step, pay a bill out of order, or make an unauthorized distribution, you could be held personally liable. At the very least, mistakes will delay the process, and that can increase the costs for those involved.
At the Law Office of Cameron H.P. White, P.A., we can manage the probate process efficiently on your behalf or provide instruction to allow you to take on tasks with confidence. Probate without a will can be confusing and frustrating, but we try to make it as easy as possible.
The Laws of Intestate Succession
When someone in Florida dies without a will, they are said to have died “intestate.” Since there is no will to direct the distribution of their property, the laws of intestate succession determine who will receive property in the estate after bills have been paid. You can find these laws in the Florida Statutes starting at Section 732.101.
If the deceased person left a widow or widower, they will inherit at least half of the estate. When the deceased person had children or grandchildren from a different partner, those children or grandchildren (called descendants) split the estate with the spouse. If there are no children or the surviving spouse is also the parent of those children, then the spouse gets everything in the estate. When there’s no spouse, the children inherit, and if there are no children or grandchildren, then parents are next in line, followed by siblings, nieces, and nephews.
It is important to realize that not all of the deceased person’s property will necessarily be part of the estate. If they owned property jointly, such as a car or house titled in the name of husband and wife, or parent and child, the co-owner will receive the deceased person’s share automatically, assuming the joint ownership was set up with a right of survivorship. Property in a trust or assets set up with a beneficiary clause, such as certain accounts, will also not be part of the estate. Life insurance proceeds will not be included in the estate either, unless the estate is named as the beneficiary.
What’s Involved in the Probate Process When There’s No Will
What happens when there’s no will? Someone will need to go to court to request authorization to administer the estate. If there’s no spouse or child willing to take on the role, a friend or another relative could request permission. Sometimes, it may be necessary to hire a professional such as an attorney or accountant to serve in the role. Once someone receives letters of administration to manage the estate, they have a number of jobs, including:
- Notifying creditors in accordance with local court requirements. This sometimes involves publishing notices in particular newspapers.
- Taking inventory of all assets in the estate and assigning a value to them, then filing the inventory with the court.
- Paying debts in order of legal priority
- Calculating taxes and filing tax returns for the individual and the estate
- Distributing assets to heirs
- Filing final accounting and closing the estate
The process generally takes between six months to a year to complete, and it can take longer if there are any challenges or mistakes.
Get the Help You Need from The Law Office of Cameron H.P. White, P,A,
If you are facing the prospect of going through probate without a will for guidance, don’t despair. We are ready to help. At the Law Office of Cameron H.P. White, P.A., we take the time to explain the process and we lead you through requirements step by step to avoid delays or mistakes. We can take care of many requirements directly so that you have less to deal with. Call us today to learn more about the assistance we can provide.