Top Rules You Should Know for Probate in Aventura, FL
Probate in Aventura, FL can be overwhelming for many family members. Like all legal processes, it is filled with all kinds of rules, complicated phrases, and laws. Although there is no need to become a legal scholar simply to navigate probate in Florida, you might benefit from a basic understanding of this legal process before you begin. Consider discussing the basics with an experienced probate lawyer.
The Right of Survivorship
The Right of Survivorship applies to jointly owned assets in Florida. For example, if two spouses have “joint tenancy” also known as “tenants by the entirety” of a home, one of these spouses automatically inherits the entire home if the other spouse dies. This process avoids probate entirely, so technically this isn’t a “probate rule” per se. However, it is something worth being aware of since avoiding probate is a key priority for many families.
The 10-Day Time Limit
After someone passes away, the custodian of the will must file the decedent’s Will with the clerk of the court within 10 days. This is one of the many legal time limits associated with probate, and it is probably one of the most straightforward. The interesting thing about this rule is that there is no real penalty associated with missing the 10-day deadline. That being said, it makes sense to adhere to this timeline in order to avoid needless legal issues during probate.
The Rules of Intestate Succession
The rules of intestate succession apply when someone dies without a Will. These rules highlight the people who can inherit property from someone if there is no Will. For the most part, the spouse and the biological and or adopted children are most likely to inherit property in this situation. Things can become more complex in situations involving divorce, stepchildren, and distant relatives if the there is no spouse and children.
Only Certain People Can Act as Personal Representatives
The personal representative is the person who oversees the probate process, and only certain people can take on this role. You must be either a blood relative of the decedent (with some exceptions) or a legal resident of Florida to act as a personal representative. You are also disqualified if you’re under the age of 18, mentally or physically incapacitated, or have been convicted of a felony.
Can a Probate Lawyer in Aventura Help?
A probate lawyer in Aventura can explain the probate process in more detail. Although an understanding of the basic process can help, your probate experience will likely depend on your unique circumstances. As a result, you may receive more personalized and accurate guidance by speaking with a probate attorney. Consider continuing this conversation with Daniel at 411 Probate today.
Source:
floridabar.org/public/consumer/pamphlet026/