Do Trusts Really Avoid Probate?

The simple answer is no.  Trusts by themselves do not avoid probate, but they make probate avoidance possible.  Think of the trust agreement as a box.  Anything put in the box does not require court administration (probate) to pass to the beneficiaries.  This is known as funding the trust and is one of the most […]

Formal Probate Administration

If someone dies owning assets in his or her name alone (“probatable assets”), there must be a probate court proceeding to determine who is to receive the assets. In other words, the Will is given effect through the probate court proceedings. Probate means “prove.” One must prove to the probate court that the Will is […]

Summary Probate Administration

If someone dies owning assets in his or her name alone (“probatable assets”), there must be a probate court proceeding to determine who is to receive the assets. In other words, the Will is given effect through the probate court proceedings. Probate means “prove”. One must prove to the probate court that the Will is […]

Probate & Probate Avoidance

When an individual dies in Florida or while owning real property in Florida, probate is the procedure used to transfer his or her assets to the proper heirs. Some assets pass automatically or outside of probate based on their character or how they were titled. There are different types of probate administration, including a full […]

Creditors’ Claims

One of the primary purposes of Probate is to ensure creditors of the deceased individual (“decedent”) have an opportunity to make a claim against the estate. The Personal Representative (“PR”) and creditors need to pay close attention to the claims procedure as there are strict time limits and procedures involved. CLAIMS PERIOD Creditors of an […]