Transferring Assets in Florida without Probate
Probate is the process of transferring the assets and property of someone who has passed away to his or her beneficiaries. However, not all Florida estates must go through this process, and it is possible to transfer assets without it.
To do so, the estate must be fairly small in nature, with little assets left over after paying for funeral expenses, medical bills and other costs. There can be no home or other real estate involved in the estate, and the assets left over must be exempt from creditors’ claims.
If the estate qualifies, you would submit the will to your county clerk within 10 days of the decedent’s passing. You must include a valid copy of the death certificate along with the will.
At the county clerk’s office, ask for a form called the Disposition of Personal Property with Administration. If it’s not available at the office, you can usually find this on the county government’s website.
As a next step, you should gather all relevant documentation of the expenses incurred over the last six months of the decedent’s life, which may include medical bills and funeral/burial expenses. Be sure to make copies of these records in case some paperwork gets lost in the process.
Going back to the Disposition of Personal Property with Administration, you would note the specific assets from which you are requesting payment. This may include assets contained in a checking, savings and/or investment account. Finally, you would submit the form to your county clerk’s office. In most cases, you will be approved and you may complete the administration of your loved one’s estate.
If you have questions on how to move forward, contact an experienced probate administration attorney at the Charles Law Offices.