Follow
Share

Our wills leave each other everything. Does such a will have to be probated in Florida. I don't exactly understand probate law.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
Probate is only needed if there are some assets titled in the sole name of the deceased individual. If everything is jointly titled with right of survivorship, then it is not needed. A joint bank account would always pass to the surviving joint owner, so you are ok if that's the case.
Helpful Answer (0)
Report

If things are co-owned, then probate wouldn't be useful. Probate is used when title of ownership is to be transferred from one person to another, such as if the deed of a house is to be transferred or if there is an account that only has the decedent's name on it. If everything is co-owned, including debts, it would pass from one spouse to the other if both names are on assets and accounts. I am not an expert, so you may want to check me on this with someone who knows for sure.
Helpful Answer (5)
Report

You may want to probate even if everything is left to you the surviving spouse, IF the deceased was married before &/or has children from those marriages.
Helpful Answer (2)
Report

You can get generalized advice here, as well as personal anecdotal experiences, but don't RELY on lay information for specific technical answers.

Consult an attorney so you're sure it will be done correctly.
Helpful Answer (2)
Report

As you've outline it here, it doesn't seem as if probate would be necessary.

There are forms, however, that will likely need to be prepared and filed in order to remove the name of the deceased spouse from the title deed.

Even that would be unnecessary if the house is placed in a trust situation now when both parties are alive.

Certainly it is wise to get the advice of a Florida attorney to make sure you have everything set up correctly.

There is always the possibility of illness in the future. Good financial planning includes protecting the well spouse from impoverishment.
Helpful Answer (1)
Report

would probate be necessary if the florida property, although in both names, is a second home? Primary residence would be in New York...
Helpful Answer (1)
Report

In Fla. don't think you need to probate between husband and wife. But, I agree you may want to. Mom didn't but then had to to get help. A womam I know went to probate her Moms will and because her Mom didn't probate when her father died my friend had to probate his before sshe could do her Moms. This is in Nj. Go to the probate office. They may have a booklet on the laws.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter