Legal Question in Wills and Trusts in Florida
Annuity left to ''estate of'', probate?
When my dad passed away, he chose to leave as beneficiary of his annuity to the ''estate of''. The annuity company is telling my mom that they can't issue the check unless they receive a ''court order appointing the representative of the estate and the identification number''. His will states that my mom is his representative, do we still need to probate the will? Will all of his assetts now need to be brought to court? This is the only piece of the will in question. What needs to be filed in the court? Thanks in advance for your help.
2 Answers from Attorneys
Re: Annuity left to ''estate of'', probate?
"Estate" means probate estate, so either formal or summary probate is required. If the annuity is less than $75,000 it can go through summary probate (simpler and cheaper - toal including court costs of less than $1000). If over $75,000 it must go through formal probate (more complicated and expensive - $2,500 and up depending on the attorney you retain), unless you wait for two years after his death. It sounds like only this asset will have to be probated. Call for more information, as the clerk's office will not provide you with the forms. You need the assistance of an attorney.
Re: Annuity left to ''estate of'', probate?
Yes, the will must go through probate even though this may be the only asset. Speak to the clerk of your circuit court to obtain the correct forms involved. Good luck.
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