Bay County Probate Process for Residents & Non-Residents
In Florida, probate is a court-supervised legal process that ensures a deceased person’s assets are identified, debts are paid, and the remaining property is distributed to the correct beneficiaries. It also provides creditors the opportunity to file claims and ensures an orderly transfer of ownership in accordance with Florida law.
Florida Probate Process
When a person passes away with a valid Last Will & Testament, the original document must be filed with the correct circuit court—commonly referred to as the probate court. For those who resided in Panama City, Lynn Haven, or elsewhere in Bay County, the Bay County probate court is the appropriate jurisdiction for domiciliary probate.
If there is no will, the estate is distributed according to Florida’s intestacy statute, which prioritizes heirs based on legal relationship. Regardless of whether there is a will, the probate process in Bay County is overseen by the 14th Judicial Circuit Court of Florida.
Bay County has one primary location for probate-related matters:
- Bay County Courthouse: 300 East 4th Street Panama City, FL 32401
This courthouse handles all probate filings, hearings, and estate-related proceedings for Bay County residents.
Probate Assets
The need for probate depends on whether the decedent left behind probate assets. These are assets titled solely in the name of the deceased and without a named beneficiary or payable-on-death (POD) feature.
Common probate assets include:
- Solely owned real estate in Bay County
- Bank accounts without beneficiaries
- Vehicles and personal property in the decedent’s name only
- Business interests or partnerships
Non-probate assets, such as jointly owned property, life insurance with named beneficiaries, or retirement accounts, typically pass directly to the surviving owner or beneficiary and do not require probate.
To determine if a Bay County property is a probate asset:
- Visit the Bay County Property Appraiser’s Office to review the deed and ownership details.
- If the property is in the decedent’s sole name, probate will be necessary to transfer ownership or facilitate a sale.
Additionally, it is advisable to forward the decedent’s mail through the United States Postal Service. This helps identify financial accounts, insurance policies, or unknown assets that may need to be addressed during probate.
Restricted Depositories in Bay County
In formal probate administrations in Bay County, a restricted depository account may be required. This is a bank account established in the name of the estate, where funds are held under court supervision. No money can be withdrawn without a court order, ensuring proper use of estate funds.
Consulting with a Bay County probate attorney can streamline the setup of this account and help secure court approval for necessary disbursements.
Ancillary Probate for Non-Residents with Bay County Property
Ancillary probate is necessary when a non-Florida resident dies owning property in Bay County. This process allows for legal transfer or sale of Florida-based assets while the primary (domiciliary) probate takes place in the person’s home state.
Example:
If Jane lives in Georgia but owns a vacation condo in Panama City Beach, her will must be filed in Georgia first. Then, a secondary (ancillary) probate must be initiated in Bay County, Florida to transfer or sell the condo.
Ancillary probate is typically required if the decedent:
- Owned real estate in Bay County
- Held a Florida timeshare
- Owned personal property requiring Florida court oversight
Navigating ancillary probate can be complex, especially from out of state. A Florida probate attorney can act as a local representative and ensure legal requirements are fulfilled smoothly.
If you need assistance with probate in Bay County, Florida, contact the Florida Probate Law Firm for a free 30 minute consultation at (561) 210-5500.
The Florida Probate Law Firm proudly serves all municipalities in Bay County, FL
- Panama City
- Panama City Beach
- Lynn Haven
- Callaway
- Springfield
- Parker
- Mexico Beach
- Southport
- Cedar Grove
- Fountain
- Youngstown
- Tyndall AFB
If you need assistance with probate in Broward County, Florida, contact the Florida Probate Law Firm for a free 30 minute consultation at (561) 210-5500.
