${site.data.firmName}${SEMFirmNameAlt}
We Can Help - Se Habla Español
Call407-680-1471

Some valuable items that do not go through estate administration

It may surprise some readers, but under Florida law, not every important piece of property goes through probate. Some things that you think of as part of your estate plan are not subject to probate, which may affect how you and your attorney craft your plan and adjust it as time goes on.

A “probate asset” is something that goes through estate administration. Things are not probate assets are not subject to probate. The Florida Bar Association provides some examples of what goes through probate, and what does not:

  • A bank account or investment account that is solely in the name of the decedent is a probate asset. But an account payable or transferrable upon death to another party, or one held jointly with rights of survivorship with another, is not a probate asset.
  • A life insurance policy, annuity contract or individual retirement account that is payable to a specific beneficiary is not a probate asset.
  • Real estate is a probate asset if it is solely in the decedent’s name, or in the name of the decedent and another person as tenants in common, and is not a homestead property. Property owned by a married couple as tenants by the entirety is not a probate asset when one spouse dies. Instead, it goes to the surviving spouse.

Figuring out what needs to be included in a will, and what should not be included, can be complicated for people with little experience with Florida’s probate law. An experienced attorney can be a big help in avoiding mistakes.

No Comments

Leave a comment
Comment Information
  • Avvo Clients' Choice
  • Lawyers.com
  • ATG
  • JDSUPRA | Give Content. Get Noticed.
  • SSF | Short Sale Facilitators
Email Us For A Response

Contact Korshak & Associates

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

North Office
950 South Winter Park Drive
Suite 320
Casselberry, FL 32707

Phone: 407-680-1471
Casselberry Law Office Map

South Office
BY APPOINTMENT ONLY
13574 Village Park Drive
Suite 235
Orlando, FL 32837

Orlando Law Office Map

Back to Top