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Everything owned by a person who has died is known as their estate. The estate may be made up of: money, both cash and money in a bank or building society account. This could include money paid out on a life insurance policy.
Do all estates require probate? All estates do not go through probate in Florida. If a person passes away without a will or trust and has assets in their name ONLY, then probate is required to distribute property and monies.
In Florida, the probate process is used to settle an estate, including all property, and assets of a deceased person. When a person dies, probate is required for any estate with non-exempt assets worth more than $75,000.
A decedents probate estate can include just about any type of asset you can think ofreal estate, personal property with a title like a vehicle or boat, personal property without a title, cash, bank accounts, business interests, digital assets in Florida and elsewhere, intellectual property, and so on.
The court will approve or appoint an executor for the estate and provide Letters of Administration. Beneficiaries and heirs must be notified of the probate proceedings. The executor must take inventory of all assets and determine their worth. They must also file and pay taxes and any outstanding debts.
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In Florida, the probate process is used to settle an estate, including all property, and assets of a deceased person. When a person dies, probate is required for any estate with non-exempt assets worth more than $75,000.
Assets exempt from probate in Florida include home furnishings in the main residence, up to $20,000 in value; two motor vehicles if in the decedents (deceased persons) name and were used regularly (each not weighing more than 15,000 pounds); tuition programs that are qualified under the IRS Code, Section 529; and
Do all estates require probate? All estates do not go through probate in Florida. If a person passes away without a will or trust and has assets in their name ONLY, then probate is required to distribute property and monies.
In probate, the person who died is referred to as the decedent. Anything that the decedent owned when they died is collectively referred to as the estate. An estate can contain bank accounts, real estate, vehicles, guns, tools, jewelry, or any other item owned at the time of death.
Titled Assets Will Not Be Transferred If no one takes the necessary steps to probate the decedents will, then these assets will remain titled in the decedents name. This can lead to a whole host of problems, from issues with taxes and registration to the inability to sell the assets at a later date.

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