It’s not necessary that all estates go through probate. If the deceased person’s assets are all non-probate assets, no probate is required. When someone passes away with an asset solely in his or her name, with no beneficiary or joint owner, or not in trust, then you have to go to probate court to probate the assets to get them to the right owner.
What Expenses Can The Personal Representative Of A Will Claim?
The personal representative is required to pay creditors before paying out any beneficiaries of an estate. If the estate’s debts exceed the estate’s assets, a probate attorney will need to be utilized to determine who gets paid first. Under Florida statute, there is a priority of payment of creditor claims that can be paid from the estate. If the personal representative is paying all the expenses relating to the administration of the estate, that always gets paid first. The administration of the estate includes attorney’s fees and the compensation of the personal representative.
Other common expenses that are paid from an estate include burial expenses, taxes, medical expenses from the last few months of life, arrearages from child support, business debts, and credit card debts. The personal representative is not personally liable for any debts of the decedent unless there is federal income tax due and it is not properly addressed by the personal representative prior to the final distribution of the estate.
Who Inherits When There Is No Will Or Estate Plan?
If there is no will or estate plan, the state of Florida intestate statute dictates who gets the estate. The default law may not necessarily be what you would want. The best practice is to create a will naming beneficiaries.
How Do I Remove Myself From Being The Personal Representative Of A Will Or An Estate?
If you are named as personal representative under someone’s last will and testament and you decide, before the court appoints you, that you don’t want to act as personal representative, you may simply sign a written waiver saying that you renounce all your rights to serve as personal representative. The next person named in the will is then able to serve. If you are appointed as personal representative and you do not want to serve anymore, you would need to speak with your probate attorney to figure out how to transfer your rights as personal representative over to another person.
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Author Bio
Kellen Bryant, Esq.
Founder
Florida Bar Board Certified Elder Law Attorney, Kellen Bryant focuses his law practice on advising and helping caregivers with a particular focus on asset protection and preservation from long-term care costs, creditors, and predators. Kellen Bryant is AV Preeminent® Rated, meaning his attorney peers rated him at the highest level of professional excellence. Kellen Bryant was nominated and selected as a Super Lawyer, Rising Star: 2022.
