These petitions are the first step in the process of establishing guardianship. Our office can provide you with certified copies of the will at the rate of $1.00 per page, plus a $2.00 charge for certification. It is always a good idea to contact the company or office and inquire as to what is needed to complete the transfer. In some instances, the company or office holding assets of the deceased will require a certified copy of the Last Will and Testament to transfer the assets in question. Please be advised that there is a charge of $1.00, indexing fee, to deposit a will with our office. The statute also states that the custodian of the will must supply the clerk with the date of death or social security number of the testator upon deposit of the will. Pursuant to Florida Statute 732.901, the original Last Will and Testament of a deceased person must be deposited with the Clerk of the Circuit Court having venue of the estate of the decedent within 10 days after receiving information that the testator (a person who dies leaving a will) has passed away. If the judge approves the petition, an Order for Payment of Funds will be entered by the probate court which directs that the assets in question be distributed as outlined in the petition. There is also a $3.00 charge for one additional certified copy of the Order for Payment of Funds which is generally required by the institution holding the assets. The filing fee of $231.00 is due at the time the Petition is filed. One of our staff will assist you in completing the petition for this procedure and will present it to the presiding probate judge. Once these required forms and documents are in order, please come to the Probate Division for assistance. Copy of the bank statement, stock certificates, insurance checks, policy value information forms, or any related information regarding the assets that you are attempting to transfer with this procedure.Signed and notarized consents from all heirs, if any.Copy of the statement from funeral home showing by whom the bill was paid.Original Last Will and Testament of the decedent, if one exists.The required forms and documentation for a Disposition of Personal Property Without Administration are as follows: If you are unsure as to whether this process applies to your situation, you may wish to contact an attorney. This form may not be used when real property is involved. Please refer to Florida Statute 735.301 to determine if you are eligible for this type of process. This process is also sometimes referred to as a Small Estate Proceeding. There are times however, when our office can assist heirs and beneficiaries through a process referred to as a Disposition of Personal Property Without Administration. Probate is not needed if all assets were jointly held and one of the joint holders is the survivor. In this type of situation, the beneficiaries or heirs would need to seek the assistance of an attorney as our office can not provide legal or procedural advice. For instance, if a decedent solely owned any real property at the time of his or her death, the estate would be required to go through the Probate process in order to transfer title of that real property to the decedent's heirs or beneficiaries. Probate is needed when a court order is required to transfer ownership of the deceased's properties or to distribute the assets of the estate. Whether or not an estate is required to go through Probate depends on the assets that the decedent owned at the time of his or her death. The Court oversees the estate to ensure that all debts are paid and assets are properly distributed. Probate is the legal process through which a deceased person's assets are distributed to the heirs or beneficiaries, according to the wishes of the deceased as stated in The Last Will and Testament or if there is no will, according to Florida Law.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |