What Happens When Someone Dies And There Is No Probate Administration?

Video Summary

What happens when someone dies and there is no probate administration? Well the Florida statues provide that if someone passes away that whoever has the will is supposed to deposit with the court. That does not mean that you have to have a probate proceeding.

Many times wills are not probated. The reason why is because the decedent does not own any assets that are in their own individual name. Many times, particularly in the husband and wife scenario the property is held in their joint name so all that's needed is to record a death certificate in the public records which would show that the surviving spouse is receiving the, is entitled to the particular joint asset.

Or if they're bank accounts that are joint or payable on death, then the bank simply distributes those or pays those amount to the joint owner of the account.

If there are assets in the decedent's name, well then nothing happens and the assets will eventually be turned over to the state and then as abandoned property such as bank accounts, old life insurance policies and I'm not sure how many years have to go by before they are turned over to the state and they can always be retrieved by setting up an estate.

The other scenario is is if you have credit cards in the name of the decedent and then the question is, is well what happens as far as paying these bills if there's not probate administration for the creditors to file their claims? If there's no probate administration and the decedent owned debts well they just, the creditors have the option of opening an estate, of course they need to try and figure out if there are any assets that could be used to pay their debts. So a creditor can open up an estate if they so choose, if they're owed any money however if no probate administration open and there are creditors, the creditors do not get paid since there's no probate and no assets pay them.

Also the creditors' claims are barred two years after the decedent's death. Sometime probate administration doesn't even take place until after the two years and the creditors' claims are barred.

If you have a question about probate and what to do when someone passes away, well give me a call 727 847-2288.