how to probate a will palm beach county, fl without a lawyer

File the Petition for Administration and Open Probate. Go to the clerk’s office, pay the filing fee of $401, and drop off the death certificate and the signed petition for administration and you are on your way to opening probate in Palm Beach County.

Full Answer

Is probate necessary in Palm Beach County?

There are five Courthouse locations in Palm Beach County: The most relevant factor in determining if a probate is necessary, is assessing if there are any probate assets, as oppose to non-probate assets. Probate assets are those titled in the sole name of the decedent, and do not have a beneficiary designation or POD feature.

What happens if there is no will in Palm Beach County?

If there is no Last Will & Testament for the decedent, then any probate assets will be distributed according to the Florida intestacy statute, which provides a default distribution scheme for assets based on familial relationships. In Palm Beach County, the probate process is handled by the 15 th Judicial Circuit Court .

How do I probate a will in Florida?

Here are the basic steps for how to probate a will in Florida: Locate the Original Will. Under Florida law, the original of the will needs to be probated. If the original cannot be located, it is presumed destroyed with the intent to revoke the will.

Where do I file a will in Palm Beach County?

For Palm Beach County, Florida, there are four courthouses, three of which have probate courts: Palm Beach Gardens, West Palm Beach and Delray Beach. You can file at any one by finding the probate clerk’s office. You will get a filing number, which is also referred to as a “will only” number.

Can I probate a will without a lawyer in Florida?

For all but the simplest estates, Florida law requires that the personal representative of an estate hire a probate attorney to guide him or her through the process. While hiring an attorney might seem like an unnecessary burden, an attorney should help make the probate process as efficient as possible.

How do you probate a will without a lawyer?

How to probate a will without a lawyer1) Petition the court to be the estate representative. ... 2) Notify heirs and creditors. ... 3) Change legal ownership of assets. ... 4) Pay funeral expenses, taxes, debts and transfer assets to heirs. ... 5) Tell the court what you have done and close the estate.

How do I file probate in Palm Beach county?

You can file the original will in person at any of our courthouse locations or by mail, to the attention of our probate division at P.O. Box 4667, West Palm Beach, FL 33402. You must include a certified copy of the death certificate, or other document that will confirm the date of death, when filing the will.

Do it yourself probate in Florida?

Step 1: Meet with an AttorneyStep 2: File a Petition with the Probate Court. ... Step 3: Notify the Deceased's Creditors. ... Step 4: Inventory the Deceased's Estate. ... Step 5: Close Creditor Period & Pay Valid Debts. ... Step 6: File & Pay Estate Taxes. ... Step 7: Final Estate Accounting. ... Step 8: Distribute Remaining Assets to Beneficiaries.More items...•

Can I do my own probate?

Completing a paper probate application form If there's not a will, fill in form PA1A. You can do this yourself or you can call the probate and inheritance tax helpline for help completing the form.

Do you have to apply for probate if there is a will?

If you are named in someone's will as an executor, you may have to apply for probate. This is a legal document which gives you the authority to share out the estate of the person who has died according to the instructions in the will. You do not always need probate to be able to deal with the estate.

How long does Palm Beach County probate take?

12 to 15 monthsHow long does the probate process take? Formal administration typically takes 12 to 15 months to complete. Summary administration can take less than a month. However, the probate process can take longer if disputes or other difficulties arise.

How long does probate take in Florida?

6-9 monthsThe formal probate administration usually takes 6-9 months under most circumstances - start to finish. This process includes appointing a personal representative (i.e., the "executor"), a 90 days creditor's period that must run, payment of creditor's claims and more.

What is probate court in Florida?

The Court Process Probate is a court-supervised process for identifying and gathering the assets of a deceased person (decedent), paying the decedent's debts, and distributing the decedent's assets to his or her beneficiaries.

Do you have to go through probate if you have a will in Florida?

Does a Will Have to Be Probated in Florida? Anyone who has possession of a will must file it with the county court after the person dies, according to Florida law. It doesn't matter whether the estate will need to go through probate. The will must still be validated by the court.

How much does simple probate cost in Florida?

According to the Florida probate code, reasonable fees are as follows: $1,500 for an estate valued at $40,000.00 or less. $2,250 for an estate valued at $40,000.01 to $70,000.00. $3,000 for an estate valued at $70,000.01 to $100,000.00.

What happens if you don't file probate in Florida?

Without going through the probate process, no one will know which assets they are entitled to receive from their loved one's estate, assets may unnecessarily be lost to creditor claims, and heirs and beneficiaries will lack the certainty they need to move on.

When do you need a lawyer for probate?

We STRONGLY advise seeking legal counsel for probate if the estate is insolvent (more debts than assets).

What is the purpose of a representative in probate?

Additionally, the representative is also responsible to find out what debts the deceased had and devise a plan to pay those debts. Remember, only assets that pass through probate are liable to pay debts. Learn which assets pass through probate here.

Can you change assets owned by a deceased person?

This may be the most straightforward part. With the court appointment, you will now be able to change assets owned by the deceased to the “estate of…”

What is second probate in Florida?

A second probate process must also be started in Palm Beach County, Florida to transfer the home in Boca Raton to his beneficiaries, or to clear title to a new owner via the sales process. Generally, ancillary probate administration is required in Florida when someone who was not a Florida resident dies and: Owned Florida real estate. ...

What is the most relevant factor in determining if a probate is necessary?

The most relevant factor in determining if a probate is necessary, is assessing if there are any probate assets, as oppose to non-probate assets. Probate assets are those titled in the sole name of the decedent, and do not have a beneficiary designation or POD feature.

What is an ancillary probate?

Ancillary Probate for Non-Residents. Ancillary probate refers to a secondary probate proceeding that takes place in any state other than the domiciliary state. Ancillary probate is necessary to transfer or sell real estate, aka real property, located in any state other than the decedent’s domiciliary state. After someone passes away, the first step ...

What is restricted depositories in Palm Beach County?

Palm Beach County, like Miami Dade County, has begun utilizing restricted depositories for most formal probate administrations. This means that the bank account which is set up in the name of the estate and is used to deposit estate assets will be a court restricted account. Unlike a normal bank account, where the owner can simply write a check to release funds, a restricted account requires a court order to release funds for any purposes, including the payment of expenses associated with the estate. Consult with an experience Palm Beach County probate attorney for the best techniques for establishing a restricted depository and expediting the administration.

What happens if you get a deed in the name of the decedent?

If the property appraiser report and most recent deed confirm that the real estate, aka real property, is in the sole name of the decedent, then a probate will be required in order to eventually sell or transfer the property. Often the goal is to sell the piece of real estate during the probate process, and to have to proceeds divided among ...

Can you transfer assets through probate?

All probate assets are frozen and can only be transferred through the probate process. There are many types of non-probate assets, such as jointly held property, IRAs and life insurance proceeds payable to a beneficiary, etc.

Is there an ancillary probate in Palm Beach County?

Ancillary probate in Palm Beach County, Florida can complicate the already time-consuming and sometimes costly probate process, but it is the only way to pass Florida real estate to the rightful beneficiaries. Because ancillary probate has the potential to prolong the domiciliary probate proceeding, it’s crucial to work with a skilled Florida ...

Where to file probate in Florida?

You can file your paperwork by mail, to the attention of our probate division at P.O. Box 4667, West Palm Beach, FL 33402, or electronically via the Florida e-filing portal at www.myflcourtaccess.com. See e-filing instructions for more information.

How long does it take to get a probate order?

The current wait time for orders from the probate court is 6 to 8 weeks. It can take longer depending on the facts and circumstances of each case. Once your proposed orders are sent to the judge for review, the Clerk’s office has no knowledge of the status of the order.

What are “Letters of Administration”? I have been told I just need a letter and not an order so why do I need to open a court case?

What are “Letters of Administration”? I have been told I just need a letter and not an order so why do I need to open a court case?

Can you search for a probate case online?

You can search by case number or the decedent’s name. Please note, documents filed in probate cases are not viewable online except by the parties to the case or the attorney of record in a case. In order to view these documents, you must register on our website. If you search as a guest, you will only see the case name, case number, ...

Do you have to appear in court if your case is contested?

If your case is contested, you may need to appear in court. If you have an attorney, they may be able to appear on your behalf. The judge assigned to your case will determine whether a hearing is necessary and who must appear. Free viewers are required for some of the attached documents.

What is required to admit a will to probate in Florida?

If the original will cannot be located, but the presumption of revocation is overcome, testimony of at least one disinterested witness will be required to admit the will to probate if a copy can be located, under Florida statute 733.207. If a copy cannot be located, the testimony of two disinterested witnesses is required.

What happens if a will is not found in Florida?

If the original cannot be located, it is presumed destroyed with the intent to revoke the will. Under Florida statute 732.901, the original will is supposed to be deposited with the clerk of court where the deceased resided within 10 days of receiving information that the testator is dead. If the original will cannot be located, but ...

How long does a creditor have to file a claim in an estate?

Known creditors must be given a Notice to Creditors, stating that the creditor has 90 days within which to file a creditor claim in the estate. Notice to Creditors must also be published in the local newspaper, alerting such creditors of the deadline for filing creditor claims. Marshall Assets, Preserve and Protect.

Who needs a notice of administration in Florida?

Florida law requires that a Notice of Administration be provided to beneficiaries named in the will, as well as surviving spouses.

Who should take custody of the assets of the deceased?

Once the estate has been opened and letters of administration issued to the personal representative, the personal representative should take custody of the assets of the deceased that are properly part of the probate estate.

How long does it take to close an estate?

Creditor lawsuits can go on for years. If the estate is subject to the estate tax, it will require a minimum of two years to close the estate, usually longer.

How to file probate in Palm Beach County?

File the Petition for Administration and Open Probate. Go to the clerk’s office, pay the filing fee of $401, and drop off the death certificate and the signed petition for administration and you are on your way to opening probate in Palm Beach County. For a list of costs associated with a Florida resident’s estate, go to: http://www.mypalmbeachclerk.com/fees/probate.aspx. Truth be told, you need a Florida probate lawyer to do most of this stuff for you. And there are more things to do than I’ve briefly outlined here. You will certainly need someone to guide you through the probate process and let you know about deadlines and options. If your brother hates you, you may need strategies on how to deal with him or others. Should you pay that creditor or fight? Your brother wants an advance of his inheritance….can you do that ? How do you do that? What do you do when your pain in the neck brother starts asking a hundred questions a day? Can you get paid for being a personal representative or executor of a Florida estate? The good news is that probate judges in Palm Beach County are smart and experienced to handle the probate of your Uncle Mo’s estate and there are many good probate lawyers in Palm Beach with lots of experience.

How to file a will in Florida?

You are required to file it within 10 days of death. Where do you file the will? Any courthouse will do. For Palm Beach County, Florida, there are four courthouses, three of which have probate courts: Palm Beach Gardens, West Palm Beach and Delray Beach. You can file at any one by finding the probate clerk’s office. You will get a filing number, which is also referred to as a “will only” number. After filing the will, the original will is now out of your possession and in the hands of the probate clerk. They will give a copy to you, with the will only number stamped on it. Go to www.mypalmbeachclerk.com for more information on courthouses and the clerk’s office. Once the clerk enters the will into the system, you, and everyone else for that matter, will be able to see online that you filed the will, and what the will only number is. The clerk’s website will take you there.

What is probate process?

The probate process involves collecting a decedent's assets, liquidating liabilities, paying necessary taxes, and distributing property to heirs. These activities are carried out by the executor of the estate. The Mental Health Division ensures expedited judicial intervention concerning medical treatment.

What is probate division?

The Probate Division handles all matters relating to the validity and execution of wills, appointment of guardians, trusts, incompetencies (Baker Act), involuntary treatment of alcoholics (Marchman Act), and involuntary commitments not related to the Baker or Marchman Acts.

What happens if you receive a status order?

If you receive a status order or deficiency memorandum, the deficiency must be cured prior to resubmitting the order.

Can I open an estate by myself?

Unfortunately you cannot open an estate by yourself. You will need to hire an attorney to file for probate in Miami.#N#If you need to take the estate through probate it must be because there are assets in the name of your wife alone.

Do you need an attorney to probate a late wife's estate in Florida?

You don't state why you need to probate your late wife's estate in Florida. I agree with Attorney Perlin that you will need an attorney for a full blown formal administration of your late wife's estate. But just guessing from what you said, if you don't have enough money to hire an attorney, what could be in the estate that needs to be probated?

Does Florida require an attorney for probate?

The Florida Probate Rules require the use of an attorney in most actions in the probate court. If you are unable to afford an attorney, you may wish to contact the Miami-Dade County Bar Association Referral Service. There may be attorneys in that county who may be able to assist you on a reduced fee or pro bono basis.#N#More

What is the purpose of probate?

The purpose of probate is to prevent fraud after someone's death. Imagine everyone stealing the castle after the Lord dies. It's a way to freeze the estate until a judge determines that the Will is valid, that all the relevant people have been notified, that all the property in the estate has been identified and appraised, that the creditors have been paid and that all the taxes have been paid. Once all of that's been done, the court issues an Order distributing the property and the estate is closed.

Who Manages Property Inherited by Children in Florida?

Until a child is eighteen years old, they can't inherit property in their own name. Instead, an adult needs to manage that property until the child can manage it for themselves.

What Taxes Need to Be Filed After Someone Dies?

There are three main federal tax returns that you'll need to consider filing in the year after someone has died, but it's unusual to file all three. In addition, you'll have to file an individual state income tax return for the decedent, and, in some states, a state estate or trust income tax return, or a state inheritance or estate tax return.

What is a blanket provision in a will?

A well-drafted Will or trust will have, often in the back sections under powers of the executor or Trustee, a blanket provision that says something like the executor or Trustee has the power to distribute property to a minor to that beneficiary's custodian under the Uniform Gifts to Minors Act (UGMA) or Uniform Transfers to Minors Act (UTMA) of any state in which that minor lives.

How old do you have to be to inherit property?

Until a child is eighteen years old, they can't inherit property in their own name. Instead, an adult needs to manage that property until the child can manage it for themselves.

When does a trust terminate?

For example, if a child is the beneficiary of a trust to age twenty-five, and the trust directs the Trustee to distribute the money for that child's, "health, education, maintenance, and support," (which would be a typical distribution standard), it will be the Trustee's job to distribute money to that child until the child turns 25. After that, the trust would terminate, and the child would be in charge of managing and distributing the money themselves.

Do you have to pay inheritance tax in Florida?

Florida residents do not need to worry about a state estate or inheritance tax, which is a tax that is levied on people who either own property in the state where they died (estate tax) or inherit property from a resident of a state (inheritance).