October 2013 Archives

What are the duties of a Personal Representative in Florida?

A Personal Representative has many duties that must be carried out in accordance with Florida Probate Law. These duties include gathering estate assets, determining and resolving estate liabilities, paying any taxes, distributing the estate assets to beneficiaries and closing the estate.

Is probate required if a person dies owning assets titled jointly with a person other than their spouse?

For any assets which the deceased person owned jointly with a person other than their spouse, the decision whether probate is necessary depends on the way title or ownership is held. If the assets are title with ownership as "Joint Tenants with Rights of Survivorship" or "JTWROS" then no probate is necessary.

Is probate required if a person dies owning assets titled jointly with their spouse?

For assets which the deceased person owned jointly with their spouse, in most instances in Florida, probate is not necessary. At the death of the first spouse, these assets vest title in the surviving spouse automatically.

Is probate required if a person dies but had a beneficiary or a pay-on-death designation?

For any assets which have either a beneficiary designation, a pay-on-death ("POD") designation, or a transfer-on-death ("TOD") designation, probate is not necessary. At the death of the owner, these assets will be paid or transferred directly to the named designee.

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