In Florida, probate is a court-supervised process in which a deceased person’s assets are identified and beneficiaries are determined. The probate process is designed to ensure that potential creditors have an opportunity to pursue claims against the estate, as well as provide a forum for identifying the correct beneficiaries to receive the decedent’s property.
When someone passes away leaving a valid Last Will & Testament, anyone with possession of the Will must file the original document with the correct circuit court, aka probate court. The original Last Will & Testament and any probate pleadings will be filed in the county of last residence for the decedent. For example, if the decedent passed away as a resident of Jupiter Island, then Martin County would be correct jurisdiction for a domiciliary probate proceeding. 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 Jupiter Island, the probate process is handled by 19th Judicial Circuit Court of Florida. Depending on the petitioner’s address, the county will determine which courthouse the case is assigned to. There is one Courthouse location in Martin County. The main circuit courthouse is in Century, but the administrative judicial building is in Stuart:
The most relevant factor in determining if probate is necessary is assessing if there are any probate assets as opposed 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. All probate assets are frozen and can only be transferred through the probate process. There are many types of non-probate assets, such as real estate titled in the sole name of the decedent, jointly held property, IRAs and life insurance proceeds payable to a beneficiary, and more.
The first step in identifying probate assets is to confirm how the decedent’s real estate is titled by visiting the Jupiter Island Property Appraiser. 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 the identified beneficiaries. It is advisable to wait until an estate is open and a personal representative is appointed before executing any type of sales contract.
The second step for identifying probate and non-probate assets is to check the mail of the decedent. Financial institutions and insurance companies will periodically send correspondence regarding accounts. The personal representative of the estate, or the immediate family members of the decedent, should have the decedent’s mail forwarded to a convenient location by requesting a change of address or mail forwarding with the United States Postal Service. The request can be made on the USPS website, or in person at a branch location.
When real property will be sold in probate or a guardianship, only some Florida counties require that the sale proceeds be held in an attorney’s trust account or a restricted depository account. Judges assigned to the 19th Judicial Court (Martin County) uphold this requirement. A Petition for an Order to Sell Real Estate must be submitted to the court to authorize the sale of real estate. Unless waived or otherwise ordered, executors must file a bond or place assets in a restricted depository or trust account.
Consult with an experienced Jupiter Island probate attorney for the best techniques for expediting the sale of real property during probate and navigating complex court requirements.
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 in the probate process is to establish the domiciliary estate in the decedent’s state of residence. Once a personal representative or executor is appointed for the domiciliary proceeding, the next step is to petition to initiate the ancillary probate in the county in which the real estate is located.
As an example, Jenn lives in New Mexico but owns a vacation home in Jupiter Island, Florida. When Jenn passes away, her Last Will & Testament must be submitted to her local probate court in New Mexico to begin the domiciliary probate process. A second probate process must also be started in Martin County, FL to transfer the home in Jupiter Island 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:
Ancillary probate in Martin 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 ancillary probate attorney.
An experienced ancillary probate lawyer in Jupiter Island can assist with every step of the probate process, and potentially serve as a personal representative to prevent potential delays and finalize the probate as quickly and smoothly as possible.
If you need assistance with probate in Jupiter Island, Florida, contact the Florida Probate Law Firm for a free 30 minute consultation at 561-750-1040.
The probate process in Martin County can simply be described as the legal proceedings required to transfer title of assets belong to a decedent, into the names of the correct beneficiaries. As a hypothetical, let’s assume your uncle passes away. If at the moment of death, he had property held in his sole name, in order to transfer said property to the beneficiaries under his Will, you will require an order from a probate judge to re-title those assets.
No, you do not need the original Last Will and Testament in order to start the probate process in Martin County. It is always recommended that you file the original Will if you can find it, but you can start the probate process with a copy of the Will or with no Will at all. If you cannot locate a copy of the original Will, it is a good idea to speak with an experienced Florida probate attorney. The best places to locate a Will are the following:
The short answer to the question is YES, but it also depends on how the decedent’s assets were titled at the time of death. Just because the surviving spouse and/or children are the only beneficiaries, doesn’t automatically mean you can skip the probate process in Martin County. The existence of a Last Will and Testament also does not allow you to skip the probate process. Probate is required whenever someone dies and there are assets in the decedent’s sole name with no beneficiary designations. In response to the question posed above, if the decedent’s assets were all held jointly with the spouse, then there would be no reason for a probate because the assets would pass to the surviving spouse via rights of survivorship, outside of the probate process. For example, if the title of the house is in both your name and your spouse’s name, the title of the house would automatically pass to you once your spouse dies.
The personal representative will be responsible for filing the final individual income tax return (Form 1040) for the person who passed away, as well as any necessary estate income tax return (Form 1041). Estate income tax returns are only required if estate assets generate more than $600 of income annually.