Probate Lawyer Jacksonville, FL

Probate, also referred to as estate administration, is a process overseen by the court that transfers assets from someone who passed away to their closest living relatives. As our Jacksonville, FL probate lawyer explains, anything that they owned when they died is referred to as their estate, which may contain real estate, bank accounts, tools, jewelry, vehicles, artwork, or any other items that they owned at the time of their death. If there is a valid will that they left behind, that document directs who will be in charge of probate and who will receive their assets. If there is no will, then it will be divided among their next of kin. If you have questions about proate or the distribution of assets, contact our team at Sahyers Firm LLC today. 

The Probate Process

When a person passes away, the things that they own get distributed to family, or if they wrote a will, to the beneficiaries who are named in that documentation. In probate, the person who passed away is referred to as the decedent. Probate is required even if there is a valid will. A probate judge has to admit the will by finding that it is valid. Beneficiaries are those who have been named in the will, and heirs are next of kin who inherit the property in the absence of a will. Whether the person died with or without a will, it is the court’s responsibility to ensure that the right beneficiaries or heirs are receiving property. 

Property And Assets

An asset owned by someone who died must undergo probate in the state of Florida. The only exception to this rule would be property in which a beneficiary was already named to receive or the rights of survivorship. Property that a beneficiary may have been named for could be a retirement account, life insurance payout, bank account, or “pay on death” designation. An instance of property with rights of survivorship would be real estate with a deed indicating a co-owner would take ownership interest if the decedent died. 

Property that is bought by a married couple usually has rights of survivorship, even if there is no specific language appearing on the property deed. If an asset does not have a beneficiary named and there is no rights of survivorship, it would have to go through the probate process to change ownership. Our dedicated probate attorney knows that probate can be complicated, so don’t hesitate to reach out today for guidance. 

Sahyers Firm LLC

Probate can be a prolonged process that is confusing for many beneficiaries or heirs. In the midst of your grief, the last thing you probably want to deal with is a legal process that oversees how your loved one’s assets are handled. If you have questions or concerns about this, please contact our FL probate attorney. We know that this can be a sensitive time and you don’t want your relative’s legacy to be mishandled. Let us address your inquiries and make sure that their estate is distributed fairly and how they would have wanted. At Sahyers Firm LLC, we are ready to support you right away.