Definition of Terms for Probate

At the law office of Michelle Armstrong, P.A., we understand that probate is a difficult and complicated process. We take the time to explain all of the terms and steps in the probate process to our clients, in order to gain their full understanding of the matter they are facing.

Contact the law offices of Michelle Armstrong, P.A. today at 954-282-6090 to learn more about probate.

Beneficiaries: Those who are directed to receive assets in a will, and those who receive assets based upon Florida law in an intestate proceeding. All beneficiaries are assured a fair valuation and distribution of the estate since it is administered through the court process.

Decedent: The person who died, or the "deceased."

Estate: All of the decedent's assets together make up the decedent's estate. Probate assets are those that were owned by the decedent alone. Examples of non-probate assets are properties held in a revocable trust, jointly owned assets with survivorship rights of another, life insurance proceeds, retirement accounts, annuities, homestead property, automobiles, etc. These are called non-probate assets because they do not have to go through the probate process. Their distribution is determined by the document itself, such as a deed held as joint tenants with the right of survivorship. However, most real estate requires some sort of probate, or other legal action to clarify who owns the property after someone has died.

Intestate Proceedings: If the decedent did not have a will, the probate is called "intestate." Many people wrongly believe that if a person dies without a will, the state of Florida gets the assets. This is not necessarily true. The beneficiaries of the estate would be determined by Florida law. The decedent's relatives are the beneficiaries, and the distribution of property to the relatifves is proscribed in the statute based upon the degree of familial relativity to the decedent.

Personal Representative: Also known as an executor, is responsible for the administration of the decedent's probate estate, as described above.

Probate: A court process by which property belonging to a decedent is distributed in accordance with the decedent's Will, or by state law (statute) if no will exists. This process is necessary when a deceased person leaves assets titled in their name alone. The probate process includes collecting the decedent's assets, paying any debts or taxes owed, filing the decedent's final tax returns and inventory, distributing the remaining assets in accordance with the provisions of the will, and notifying companies that need to know about the death.

Testate Proceedings: When the person who died had a will, the probate proceeding is called a "testate" proceeding. The will must be filed with the probate court. Florida requires that a Personal Representative have an attorney. If the will is determined to be valid and is not contested by anyone then the judge enters an order admitting the will to probate.

Will: A document that describes how a person wants his property distributed upon his/her death.

If you have questions or concerns regarding probate administration or any terms not on this list, do not hesitate to get in touch with our firm. Contact the Coral Springs, Florida law office of Michelle Armstrong, P.A. today and schedule an initial consultation.