Florida: Mortgage Payments and Utilities During Probate
Detailed Answer Who manages the decedent’s property during probate? In Florida, the court appoints a personal representative (often called an executor if named in a will). The personal representative is responsible for collecting estate assets, paying reasonable and necessary expenses of administration, and distributing what remains to beneficiaries under the will or Florida law. The […]
Read article →Florida: How to Decide Which Assets to List on a Small-Estate Affidavit
FAQ — Which assets belong on a Florida small‑estate affidavit? Short answer: In Florida you must list assets that are part of the decedent’s probate estate in Florida (property that must pass through probate). Do not list assets that pass automatically outside probate (for example, joint‑titled property with right of survivorship, properly designated pay‑on‑death or […]
Read article →How to Open Probate for a Sibling’s House in Florida When There Is No Will
Disclaimer: This is general information, not legal advice. I am not a lawyer. For guidance specific to your situation, consult a Florida probate attorney. Detailed answer — How to open an estate for a sibling’s house in Florida when the sibling died without a will When someone dies “intestate” (without a will) and owned a […]
Read article →Florida: Do Survivorship Assets Belong in a Probate Inventory?
Short answer — Generally no In Florida, assets that pass automatically to a survivor by right of survivorship (for example, joint tenancy with right of survivorship or tenancy by the entireties between spouses) normally pass outside probate. That means they are usually not part of the decedent’s probate estate and typically are not listed on […]
Read article →Finding a Missing Parent as Next‑of‑Kin During Probate in Florida
Detailed Answer When a parent who may be an heir cannot be located during a Florida probate case, you should take two parallel tracks: (1) conduct a documented, thorough search to try to find the person; and (2) follow Florida probate procedures for giving notice to missing heirs so the estate can move forward. Below […]
Read article →Florida — How to Confirm a Bank Account Is Under the $20,000 Small‑Estate Limit
Determine Whether a Bank Account Falls Under Florida’s $20,000 Small‑Estate Affidavit Limit This FAQ explains how to confirm whether a decedent’s bank account is small enough to use Florida’s affidavit/disposition procedure for personal property (the $20,000 informal “small estate” limit) and what steps to take next. This is general information only and not legal advice. […]
Read article →Claiming a Deceased Parent's Bank Account in Florida Using Small‑Estate Procedures
Using Florida's Small‑Estate Procedures to Claim a Deceased Parent's Bank Account — FAQ This FAQ explains how someone in Florida can attempt to claim a deceased parent's bank account using Florida's small‑estate procedures. This is general information only and not legal advice. Quick answer If your father's bank account was titled only in his name […]
Read article →Florida — When Guardianship of the Person Does Not Include Guardianship of the Estate
Short Answer No. Under Florida law, being appointed guardian of the person does not automatically make you guardian of the estate (the person’s property). The court separately appoints a guardian of the property (sometimes called guardian of the estate or plenary guardian of property). To manage a ward’s assets, you must be specifically appointed and […]
Read article →Florida — Do I Need to File a Federal Estate/Trust Tax Return When the Estate Made No Distributions?
Do I need to file a federal tax return for an estate if no distributions were made? Short answer: Possibly — it depends on whether the estate earned income after the decedent’s death and whether the estate meets federal filing thresholds. The presence or absence of distributions to beneficiaries does not by itself determine whether […]
Read article →Florida: How to Transfer Brokerage Account Assets Into an Estate Checking Account
What to do when a decedent’s brokerage account needs to be moved into an estate checking account Detailed Answer When a person who owned a brokerage account dies, the path to moving the account assets into an estate checking account depends on how the account was owned and whether a beneficiary or trust was named. […]
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