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.
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 must be involved.The only assets that do not exceed your final expenses are exempt from creditor claims.
Step 2: Do you want to submit the will?
The original will must be submitted to the County Clerk within 10 days of death.A certified copy of the death certificate is required.
Step 3: You have to locate the form.
The form for Disposition of Personal Property without Administration can be found from the County Clerk.The form can be found on the website of various circuit courts.You can complete a printed copy if you download it.
Step 4: Support 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 you will still have a record of your payments, so make copies for yourself.
Step 5: You have to fill out the form.
You need 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 should be submitted.
You obtained the form from that court.
Step 7: You must 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: The entire estate can be calculated by having the property appraised.
The total value can't 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 the 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 performed.You will need letters of testamentary to gain access to the deceased's credit reports.No personal representative is named in the summary administration.You will be liable 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 file because two years have passed since the death.There is a provision in Florida that bars claims after two years of the death.
Step 11: You have to fill out the form.
You need to fill out the form correctly.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 can 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 may 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 will be 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 his primary residence, that home will pass to his heirs under the Florida constitution.To make sure the heirs get clear title, a separate action must be filed.The Summary Administration is at the same time as the file.The Order of Summary Administration and the Order Determining Homestead will be issued at the same time by most judges.
Step 18: It's best to file in the appropriate court.
The Circuit Court is where the will is usually 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 needs to file a petition with the court.The personal representative should have been 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 choose someone else.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 need to find the appropriate County Clerk's office to serve as the personal representative.You can find the County Clerk directory.
Step 21: Pick up forms and instructions.
You can check the Clerk of a surrounding county's website for information if you don't get all the forms you need.Changing the name of the county on the form is possible.
Step 22: In a clear and concise manner, fill in the forms.
Follow the instructions.Ask the clerk for help if you have questions.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, please 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 can file your forms.
The correct number of copies should be made.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 hard to complete.Unless he is the sole beneficiary, a personal representative is required to have an attorney.The assets of the estate are paid for by the attorney.
Step 27: Yes, confirm that there is no will.
Ask about a will if the deceased had an attorney.In the absence of a will, Florida intestacy law will determine who gets the assets.The personal effects and papers of the person who died.There may be a will there.
Step 28: How will the estate be distributed?
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 the spouse does not have descendants from the deceased.The spouse takes half of the estate.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 divide 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 them.
Step 29: The value of the estate should be raised.
Real estate, motor vehicles, and household items are included in the value of the property.You can schedule an appraisal by contacting a licensed appraiser.The courts in Florida may need an official appraisal.You can request a list of appraisers from the clerk of the court.You may want to know 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.
You can calculate the value after the appraisal.The value of all property is added together.Real estate that served as the decedent's primary residence 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 because of this.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: You can choose a personal representative.
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 may not be the personal representative.
Step 32: You should hire an attorney.
Florida law requires an estate to 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 for attorneys based on the value of the estate.