Legal Question in Wills and Trusts in Florida
Personal property and the Probate Process
Does a will have to go through probate to determine who gets personal property, collections, etc if the beneficiaries for those items have not been named in a will or on a separate attachment?
2 Answers from Attorneys
Re: Personal property and the Probate Process
Personal property up to $ 10,000 in value, plus cars for personal use, plus a few other items are exempt from the estate and pass automatically unless they are specifically dealt with in a will. These go to the spouse of the deceased person, or, if there is no spouse, to the children.
The list of exempt property is found in Florida Statutes 732.402. You can access the Florida Statutes online at the state's website "online sunshine".
Re: Personal property and the Probate Process
Not if the parties can agree.