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Frequently Asked Questions about Probate
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Do I need a will?
Having a will allows you to control how your assets are distributed and designate a personal representative. While not legally required, it simplifies and streamlines the probate process for your loved ones.
What happens if there's no will?
State intestacy laws dictate how assets are distributed, which may not reflect your wishes. Having a will ensures your preferences are upheld.
Is probate required in Florida?
Probate allows for the legal transfer of a deceased person’s assets to their beneficiaries as outlined in a will or determined by state law. Additionally, it ensures their financial affairs are settled, including paying any outstanding debts and taxes.
What are the steps involved in probate?
The specific steps can vary, but generally include:
- Filing a petition with the court
- Identifying and valuing assets
- Notifying creditors and paying debts
- Filing tax returns
- Distributing assets to beneficiaries
Can a beneficiary's inheritance be challenged?
Yes, under certain circumstances, such as questioning the will’s validity or alleging undue influence.
What happens if a beneficiary dies before inheriting?
The inheritance may pass to their heirs or beneficiaries, depending on the specific circumstances.
Let us help you gain control over your loved one’s estate.