Legal Question in Wills and Trusts in Florida

Re: Small estate... probate?

First, the value of the estate will not of itself determine if probate is required. Second, depending on how the ownership of an asset is titled will often determine if it passes on death outside of the probate process or if probate is required. Simply having a will and a death certificate is not sufficient to pass title to an asset owned solely by the deceased. How would the bank, brokerage house or purchaser of property even know the will you are showing them was valid? I suggest you meet with a probate attorney to discuss how the assets you are concerned with are titled, issues surroundng the will, and what steps you need to take next. If you have any specific questions you can send an e-mail to me at [email protected].

Re: Small estate... probate?

Most estates are filed with values of less than $500,000.00. Generally, individuals with larger estates do advance planning and as a result, their estates may not be subject to the probate courts.

There is generally no way for property to transfer after the death of an individual without the filing of an estate. An exception would be if the property was held in joint names or in trust for another such as a totten trust for a bank account.

I suggest that you meet with a probate attorney who can advise you as to the steps and costs necessary to probate the estate in question.

Scott R. Jay, Esq., 305-249-8000

Re: Small estate... probate?

If you have to transfer property it has to be done through probate.