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All property not otherwise disposed of either during a person's life or by operation of law upon death.

For example: A checking account that has a designated POD (payable on death) beneficiary named in the bank's records, would generally not be subject to probate. If Joe opens a checking account and makes Jane the POD beneficiary, then upon Joe's death, the checking account proceeds automatically go to Jane. They are NOT subject to probate.

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โˆ™ 2009-06-29 08:04:40
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Q: What property is subject to probate in Florida?
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Related questions

Are royalties probate property?

Yes, they are assets of the estate. As such they are subject to probate and appropriate taxes.


When there is a surviving spouse is the deceased spouse's estate subject to probate in the State of Florida?

Yes. There are some limitation based on the total value of the estate, but if real property is involved, you need the finalization of probate. * Florida allows married couples to hold real estate as Tenancy By The Entirety. When the property is titled TBE it passes directly to the surving spouse and is not subject to probate proceure or creditor attachment if the deceased spouse is the sole debtor.


Do you have to go through probate if your wife is on the deed but not the loan and the husband dies?

If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.


Is it possible to file probate without a lawyer in the state of Florida?

No Florida does not require you to use a lawyer to probate an estate, but probate can be complicated


In what state must probate be filed?

State laws vary so you need to check the laws of the state where the decedent owned property. Generally, some type of probate filing is required wherever the decedent owned property that must pass according to the will or according to the state laws of intestacy.For example, suppose a decedent moved from Massachusetts to Florida and after moving to Florida executed a will that met the requirements of a valid will in Florida. The following is general information only.If the testator owned property in Florida, the will must be probated in Florida.If the decedent also owned property in Massachusetts, exemplified copies of the Florida probate must be filed in Massachusetts in order for title to pass to the beneficiaries. If the executor wants to sell the Massachusetts real property that power must be granted in the will or a license to sell must be obtained from the probate court.If there is no property in Florida, the valid Florida will can be filed for probate in Massachusetts with a petition for allowance of a foreign will and appointment of the executor. As long as the will meets the requirements for a valid will in the state where it was executed Massachusetts will allow it even if it doesn't meet the requirements for a valid will in Massachusetts.The same procedures would apply if the decedent died intestate. Exemplified copies of a valid administration must be filed in the state where the decedent owned property in order for title to pass to the heirs. If the property must be sold the administrator must obtain a license to sell from the Massachusetts court of jurisdiction. If no probate was filed in Florida then an original administration would need to be filed in Massachusetts.As with all probate matters you should consult with an attorney who specializes in probate who can review your situation and determine what you need to do.


If you live in Florida but your will is in Connecticut will the taxes be in Connecticut or Florida?

Florida should have the right to tax the estate, except that Connecticut can tax real property located in Connecticut. U.S. constitutional provisions prevent Connecticut from taxing assets of a Florida resident (except for Connecticut real property). If the (future) decedent lives in Florida, the estate will be probated (and taxed) in Florida. The primary location of probate is based on the residence of the decedent, not the location of the property or the physical location of the most recent Will.If the Will was filed with probate in Connecticut by the decedent's attorney, but the decedent subsequently moved to Florida, the Will may be obtained by contacting the appropriate Connecticut Probate Court. Note that in Connecticut, Probate Courts are not based on County, but by Town. (As of 2009 consolidation of the Courts is currently being debated.)As mentioned above, a partial estate would need to be opened in Connecticut to settle the title of any real property in Connecticut.


What has the author Gudrun M Nickel written?

Gudrun M. Nickel has written: 'Probate and settle an estate in Florida' -- subject(s): Probate law and practice, Forms, Popular works 'How to probate an estate in Florida' -- subject(s): Probate law and practice, Popular works, Forms 'Your rights when you owe too much' -- subject(s): Popular works, Debtor and creditor, Actions and defenses, Bankruptcy 'Debtors' rights' -- subject(s): Debtor and creditor, Popular works


Can property be bought without probate?

If the property is in an estate, it has to be approved by probate. Real property requires a letter of authority in order to transfer it legally.


When owners of property passes with no Will made will estate go into probate?

Without a will the property must go into probate. There is no other way to transfer the property.


Is an automobile considered property for probate court?

An Automobile is titled property. The probate court has to authorize the transfer of title.


Is the Ehler Property on nathan Hale Rd. in Middletown in probate?

This property based on the most recent information is not in probate.


Sample of a letter of administration for probate?

Letters of administration of probate are issued by the court. If a will is left by the deceased, the property is distributed according to the will. If there is no will, the property goes into probate and the courts decide.

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