Legal Question in Wills and Trusts in Florida
probate
My wife and I have reciprical wills, with our children as alternate heirs,but we own everything jointly. Q: does the will of the first spouse to die have to be probated? Or only the will of the surviving spouse have to be probated. We are Florida residents, and own no out-of-state property.
2 Answers from Attorneys
Re: probate
If all assets pass on death to the surviving spouse by operation of law, there will no need for probate. I suggest you double check that all bank accounts, brokerage accounts, retirement accounts, insurance policies, real estate and other assets are held jointly with rights of survivorship or have a pay on death provision or a named beneficiary.
Re: probate
If all assets pass on death to the surviving spouse by operation of law, there will no need for probate. I suggest you double check that all bank accounts, brokerage accounts, retirement accounts, insurance policies, real estate and other assets are held jointly with rights of survivorship or have a pay on death provision or a named beneficiary.
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