|
|
Q |
What is Probate? |
A |
Probate is a legal process through which the assets of a deceased
person are properly distributed to the heirs or beneficiaries under
a will. The Court oversees the estate to make sure debts are paid
and proper distribution is made. |
Q |
What is a Will? When and Where Should it be Filed? |
A |
A will is a document executed by a person which disposes of his/her
property after his/her death. It generally names a personal
representative to administer the estate. In Martin County, after the
death of the person, the custodian of the will must deposit the will
with the Clerk of the Circuit Court, within ten (10) days after
receiving information that the person is deceased. |
Q |
Do You Need an Attorney to File a Will? |
A |
No. It is not necessary to have an attorney to file the will with
the Clerk of the Circuit Court. However, you may want to consult
with an attorney before filing so that he or she may determine
whether probate proceedings will be necessary. |
Q |
What Happens if a Person Dies and Has Left no Will? |
A |
The state will distribute the property in accordance with Florida
law. |
Q |
What Happens if There is a Will Filed but no Personal Representative
Has Been Named? |
A |
It may be necessary for an attorney to petition the Court to appoint
a personal representative to administer the estate. |
Q |
How Are Probate Proceedings Initiated? |
|
A
|
Probate proceedings are initiated with the filing of a Petition by
the person asking to be appointed a personal representative. The
petition is normally prepared by an attorney. The appointed person
will be responsible for the estate until all bills are paid and the
balance of the estate is distributed to the rightful beneficiaries. |
Q |
Are There Different Types of Proceedings That Can be Filed Depending
Upon the Size of the Estate? |
A |
There are three basic types of proceedings for administering the
decedent's estate.
Formal Administration: This type of proceeding is used
when there are considerable assets and it is necessary to appoint a
representative to act on behalf of the estate. The capacity in which
the representative will act is determined by the Court at the time
of appointment. Letters of administration will be issued to the
representative so that he/she may complete the administration of the
estate.
Summary Administration: Summary administration may be
administered when the value of the entire estate subject to
administration does not exceed $75,000.
Disposition of Personal Property Without Administration: The
disposition is filed to request release of the assets of the
deceased, to the person who paid the final expenses, such as funeral
bills, medical bills for the last 60 days, etcetera. This procedure
may be accomplished with the filing of a formal petition. The forms
required to file the disposition are available from the Clerk of the
Circuit Court in the Probate Court Records Division.
Refer to the current Schedule of Service Charges, available in any
Clerk's Office, for the current filing fee. |
Q |
What Type of Paperwork Must Accompany the Form For Filing a
Disposition for Personal Property Without Administration? |
|
A
|
The following must be provided:
-
If the decedent has a will, it must be filed with the Clerk of the
Circuit Court within ten days of the notice of death.
-
An itemized, paid funeral bill.
-
Paid receipts for any medical expenses incurred sixty (60) days
prior to death.
-
Certified Death certificate.
-
A statement regarding the type of asset to be released.
-
Identification of the person filing.
-
Any necessary waivers and consents (This
would be a document stating that any and all other brother or
sisters did not assist in paying the bills or if they did they
waive their right to any monies recovered.)
Filing fee as set by Florida Statute.
|
Q |
What Happens After this Information is Filed with the Clerk? |
A |
The Court will enter an Order whether allowing or disallowing the
release of the assets. The original Order is then turned over to the
petitioner. |
|
|
|
TOP OF PAGE |
