Why Florida Probate?
September 25, 2009 by Marc
Filed under Wills and Probate
It is very imperative to understand why it is essential that a person’s estate have to go through probate in Florida. It seems like it should be a lot more simple than it is. Once you have an understanding of probate, everything will become much more clear.
Our laws that are made by the legislature in the state of Florida about estates and inheritance are set forth in what probate attorneys refer to as the Florida Probate Code. It has resulted from many generations of people who have gone prior to us. These statutes are the product of experience and commonly accepted social behavior. Note that while they do give a decedent a very large leeway when it comes to disposing his/her assets, they do place certain limits on a decedent’s freedom of disinheritance. If the decedent does not create a legally binding will, these laws do set forth an Order of Heirs (intestate succession) who will take a decedent’s assets grounded on principles of fairness. The policy is to follow what they consider to be the natural object of a decedent’s love.
The spouse is entitled to the estate. If there are no descendents the spouse receives the full estate. If there are descendents, the first $60,000 of the estate plus one-half of the balance will go to the spouse. If descendents are not lineal descendents of the surviving spouse, they will get half of the estate.
If there is no spouse the estate will go to the descendants. If there are no descendants, the estate is passed to the decedent’s mother and father or survivors of them. If this is not possible, the estate will pass to the decedent’s brothers and sisters. If none of these are possible, half of the earnings will go to paternal and maternal grandparents. It then moves to maternal and paternal aunts and uncles. If there are no kindred on either side, the estate will go to the family of the last deceased spouse.
Beneficiaries need to be protected, but there are others that need to be thought of. These are the creditors that are owed money. This ensures that any medical bills, credit cards, bank loans, etc are paid off. The system should not work against creditors.
Probate is a major balancing act. The purpose of probate is to treat everyone in the situation in a fair and honest manner. If everyone plays by the rules, they will be better off in the end. This is why probate has been established not only in Florida, but also across the board. Laws may vary, but the purpose of probate remains the same.
No one would want to be left out on estate property that is owed to him or her. It can often be a confusing and time-consuming process. It can be a little easier with the help of an experienced Florida estate attorney to help you out. During a time of dealing with a death, something like probate should run as smooth as possible.
This article is not legal advice.
Additional Legal Websites: Florida Probate Lawyer Adrian Philip Thomas. Serving clients in Fort Lauderdale, Florida.
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