According to Florida law, a surviving spouse does not need probate if all of the deceased spouse’s assets were jointly owned with the surviving spouse or all assets were in an account with the surviving spouse as the named beneficiary of the account. However, probate proceedings are generally necessary for a surviving spouse when neither of the above scenarios are applicable and the surviving spouse needs to, for example, 1) obtain sole ownership of assets the decedent owned in his or her name alone at the time of his or her death, 2) claim his or her elective share of the deceased spouse’s estate, or 3) the surviving spouse needs to claim a share of an intestate estate:
Elective Share: In Florida, a surviving spouse has the right to claim an elective share of the deceased spouse’s estate, which is one-third of the net distributable estate. This includes assets after payment of taxes, creditor claims, family allowance, exempt property, and expenses of administration (P.R. fees and attorney fees,etc.). The elective share must be claimed through a formal process involving the probate court (See Florida Probate Rule Rule 5.360).
Intestate Succession: If the deceased spouse did not leave a will, the surviving spouse is entitled to a share of the estate under Florida’s intestacy laws. The share depends on whether there are surviving descendants and their relationship to the surviving spouse (See Florida Statute 732.102). For example, if there are no surviving descendants, the surviving spouse receives the entire intestate estate. Read more: Florida Intestate Probate.
Related:
- What Happens To A Bank Account When Someone Dies With No Will In Florida?
- What assets must go through probate in Florida?
- What Happens When Someone Dies Without Having A Valid Will?
- Is A Widow Responsible For Her Husband’s Debt In Florida?
- Formal Probate Administrations
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