Delete Pages From Legal Florida Probate Forms For Free

So the failure to timely deposit a Last Will and Testament within ten days of the date of death is a violation of Florida law and can also lead to the recovery of attorney fees. In Florida a Last Will and Testament should be provided to the appropriate clerk of court (where the decedent resided or owned property).

Since probate is legally required, if the personal representative of the estate was aware of their duty to initiate the probate process but fails to do so, they can be held legally liable for their actions.

Most probate documents are public records, however, inventories and accountings filed in estates are confidential and may be viewed only by the personal representative, the personal representative's attorney or an "interested party," as defined in the Florida probate laws.

Filing for probate ? 10-day deadline This specifies that the individual in possession of the deceased's last will and testament must file for probate within 10 days from the date of death of the deceased in the same county where the deceased died. The size of the estate to be probated does not affect these ten days.

If property, bank accounts, insurance policies, annuities, 401K plans, and all assets have beneficiaries or joint owners, probate is unnecessary. However, without a will or trust all assets must pass through probate court if no beneficiary or joint owner is named.

Assets Won't Be Transferred To The Beneficiaries If this doesn't happen, the assets will stay tilted to the decedent. This opens up another can of worms and renders the beneficiaries unable to sell these assets, leaving the doors open for significant tax issues.