Transferring title of property from a dead person to their heirs is a legal process.An heir or family member must file the appropriate pleadings with the proper court.Depending on the size of the estate and whether or not a will exists, you can transfer assets in four different ways in Florida.
Step 1: Check to see if you are eligible.
If you paid for the final expenses of the dead person, you can be reimbursed for your expenses if they are very little.No real estate is required.The only assets that exceed your final expenses are not exempt from the claims of your debts.
Step 2: Do you want to submit the will?
The original will should be submitted to the County Clerk within 10 days of death.A certified copy of the death certificate is required.
Step 3: The form needs to be found.
The form for Disposition of Personal Property without Administration can be found from the County Clerk.This form can be found on the website of many circuit courts.You can download it and print it.
Step 4: Supporting documentation should be gathered.
You will need to submit an itemized bill of the amount you spent on medical and funeral expenses in the last six months of his life.If the application is lost, make copies for yourself so that you have a record of your payments.
Step 5: You have to fill out the form.
You have to identify the assets you want to pay for.If the only assets of the deceased were a checking account, then the source of your payment would be that account.
Step 6: The form needs to be submitted.
You obtained the form from that court.
Step 7: You should confirm that you qualify.
If the value of the probate estate is less than $75,000, you can seek summary administration.Certain nonprobate property, such as a shared bank account or a house owned by a couple assets held in a living trust where a beneficiary was designated, can be excluded from the estate calculation.
Step 8: Take the property and calculate the entire estate.
The total value must not be more than $75,000.You will need to go through regular probate if it does.
Step 9: Make sure you secure the form.
The "Petition for Summary Administration" can be obtained from the County Clerk if you are either a personal representative or a beneficiary.
Step 10: A credit check is a must.
If you are filing for a summary administration because the estate is worth less than $75,000, you will need to personally attest that there are no debts against it that have not been paid.A credit check is done.You will need letters of testamentary to gain access to the deceased's credit reports.There is no personal representative in the summary administration.You will be responsible for debts for up to two years.Summary Administration can be skipped if you are unsure of the deceased's debts.You won't have to worry about debt claims against the estate if you are filing because two years have passed since the death.There is a provision in Florida that bars claims after two years of a person's death.
Step 11: You have to fill out the form.
You need to fill out the form correctly.You have to state that there are no debts against the estate.
Step 12: Get the surviving spouse's signature.
If the spouse is still alive, he or she must sign the form.
Step 13: Other beneficiaries should sign.
Mail a copy of the petition to the beneficiary if he doesn't sign it.You will have proof of receipt if you send it certified mail.If you think a beneficiary will object to your plans to dispose of assets, you might want to avoid summary disposition.It may be better to have regular probate.
Step 14: There is a plan for distributing assets.
You should have talked to the beneficiaries about the distribution of the assets.Come to an agreement on timing.Make sure that all beneficiaries sign the plan.Asking beneficiaries to sign the plan will force them to make a decision.
Step 15: The petition can be filed in the circuit court.
Attach a list of assets and values, any information about debt, the plan for distributing assets, and a certified copy of the death certificate.You have to sign the petition with your lawyer.
Step 16: You can serve copies to other people.
The other beneficiaries have been served by a formal process server.The process server can be found on the internet at a cost of up to 100 dollars per service.
Step 17: To determine homestead, bring an action to it.
If the decedent owned a home in Florida and used it as their primary residence, that home will pass to their heirs under the Florida constitution.To make sure the heirs get clear title, a separate action must be filed.The file is at the same time as the summary administration.The Order of Summary Administration and the Order Determining Homestead will be issued by most judges at the same time.
Step 18: It's best to file in the appropriate court.
The Circuit Court is where the will is typically filed.It could be in the county where he or she owned real property.In multiple states, administrations may need to take place.
Step 19: Determine who should file a will.
The personal representative of the estate should file the petition.The personal representative should be named in the will.If there is a reason the person nominated in the will is not qualified to serve, Florida law provides that a majority of those in interest of the dead person's heirs pick a new one.Any person under the will may serve if that person is not qualified.
Step 20: You can find your County Clerk's Office online.
You must find the appropriate County Clerk's office to serve as the personal representative.You can find the County Clerk directory.
Step 21: Get forms and instructions.
You can check the Clerk of a surrounding county's website for information if your Clerk doesn't provide all of the forms you need.Changing the name of the county on the form may be used for one county in another.
Step 22: In a clear and concise manner, fill in the forms.
Follow the instructions.Ask the clerk for help if you have questions while filling out the forms.If the Clerk can't help you, you should consult an attorney.There are low cost legal help programs in your area.
Step 23: If you want to file information, contact the County Clerk's Office.
Find out how many copies they need.Ask about the accepted forms of payment, as a filing fee will also apply.
Step 24: You should file your forms.
Make sure the number of copies of each form is correct.You can make one extra copy for yourself.Take them with you to the Clerk's Office.The Clerk can help you file your pleadings.The form should be stamped as "filed" along with the date.This is the proof that you filed a document.
Step 25: All interested parties should be given notice.
If the court takes care of mailing the notices, check with the Clerk.If not, mail them yourself.
Step 26: You should hire an attorney.
As the personal representative, you will be responsible for protecting the estate's assets, objecting to improper claims, filing and paying taxes, and publishing a notice to creditor.These tasks are not easy to complete.Unless he is the sole beneficiary, a personal representative must have an attorney.The assets of the estate are paid out to the attorney.
Step 27: It is necessary to confirm that there is no will.
If the deceased had an attorney, ask about his or her will.Florida intestacy law will determine who gets the assets of the dead.The personal effects and papers of the dead.There may be a will there.
Step 28: How will the estate be divided?
A will allows the deceased person to decide how to dispose of their property.If a spouse is living, the law decides how the property will be distributed if there is no will.One-half of the estate is taken by the spouse.The children take the rest.The descendants will be given stripes if there is no spouse.Each branch of the family takes the same amount.If the descendant had three children who all survive, the children will each get a third.If one of the children dies before the other, his or her heirs will split the estate.If the decent had three children and all are alive, then A, B, and C will take one third of the estate.If C has already died and left two children, A and B will each take a third, and C's third will be divided equally between her two kids.
Step 29: The value of the estate should be raised.
Real estate, motor vehicles, and household items can be valued.You can schedule an appraisal by contacting a licensed one.The courts in Florida may need an official appraisal.You can request a list of appraisers from the clerk of the court.You might want to look at the value of the real estate.The correct county has a website for the property tax office.View estimated market values for similar properties.
Step 30: The total value of the estate is calculated.
The value can be calculated after the appraisal.The value of all property is added together.Real estate that was the primary residence of the deceased is exempt.All other real property should be included in the calculation.Jointly held property can be passed on to the surviving joint owner.It would be exempt.Checking and savings accounts, certificates of deposit, and certain security registration are exempt property under Florida law.Life insurance, annuities, and some retirement accounts are exempt from Florida probate because of a contract between the account holder and the beneficiary.
Step 31: A personal representative can be selected.
The personal representative is usually named in the will.Absent a will, the law provides a list of possible personal representatives, ordered by preference: The surviving spouse A person selected by a majority in interest of the heirsA convicted felon or a minor may not be the personal representative.
Step 32: Hire an attorney.
Florida law requires that an estate have an attorney and a personal representative.If you can't afford a lawyer, ask your local bar association for pro bono help.State law provides a fee schedule based on the value of the estate, and attorneys are paid out of it.