[retiredguy123]

Originally Posted by Aces4

As suggested earlier, talk to your attorney. Some of this information is incorrect in many states, wills are not required to be filed with the local clerk of court to be legitimate.

Correct. And, I don't think there is even a legal process to file a will with any Government entity. Some Government offices have a depository for the safe keeping of a will, but this does not establish any legitimacy to the will, or prove that it is the last will prepared.

[Buckeyephan]

Part of the probate process is to file three notices in the newspaper. They include the name of the deceased and agent who is probably a named heir. That gives creditors an opportunity to make a claim or someone to contest the will. You’ll notice them in the Daily Sun.

[retiredguy123]

Originally Posted by Buckeyephan

Part of the probate process is to file three notices in the newspaper. They include the name of the deceased and agent who is probably a named heir. That gives creditors an opportunity to make a claim or someone to contest the will. You’ll notice them in the Daily Sun.

Yes. The biggest advantage to the probate process is that, when the court closes the estate, the creditors are permanently shut out of any future claims against the estate. Without probate, you never know when a creditor will show up with a claim.

[clasyldynpa]

Originally Posted by john352

I did it myself. I found the required form online. I filled it out, signed it, and had it notarized. Then I took it to the Sumter County Clerk's office and filed for a small fee. No attorney (and fee) needed. My only heir is my son. After I die, all he needs to do is take my death certificate to the Sumter County Clerk's office and pay a small fee.

Example of the form: Just a moment...

Thank you for the form download. I was going to use a lawyer for the LB Deed soon and the price was quoted @ $475. So I will do it myself as you and others have done.

[maggie1]

Originally Posted by retiredguy123

If you have a Lady Bird deed or joint ownership, you can avoid a trust and probate.

As I understand it, a ladybird deed allows real estate transfer to whomever is designated in that deed. Does it also cover anything else, such as bank accounts, stocks, furniture, motor vehicle, etc.?

[retiredguy123]

Originally Posted by maggie1

As I understand it, a ladybird deed allows real estate transfer to whomever is designated in that deed. Does it also cover anything else, such as bank accounts, stocks, furniture, motor vehicle, etc.?

No. A Lady Bird deed only covers the real estate. But most financial accounts can be set up as TOD (transfer on death) so that the funds automatically change ownership at death, with no need for a will or probate. I think you can retitle a vehicle using a will and a death certificate, which is more lenient than with real estate. Personal property can be transferred with just a will. Obviously, the easiest way to ensure transfer of any property is with joint ownership, but that is sometimes not desirable because a joint owner can be sued for the property.

Note that some posters have said that they prepared a Lady Bird deed themselves. Personally, I would rather pay a title company to retitle my house using a Lady Bird deed, and for them to do the recording. It is worth the cost.

[main12use]

My husband passed away and our home in Sarasota county was in his name. It was required that a lawyer appear in court to probate and transfer ownership to me as per his will. Hire the right attorney who specializes in this because the state of Florida will try to charge you a hefty tax on the appraised value. It can be very costly. I now have a Ladybird deed so that my kids don't have to do this. Another name for a Life Estate Trust.

[retiredguy123]

Originally Posted by main12use

My husband passed away and our home in Sarasota county was in his name. It was required that a lawyer appear in court to probate and transfer ownership to me as per his will. Hire the right attorney who specializes in this because the state of Florida will try to charge you a hefty tax on the appraised value. It can be very costly. I now have a Ladybird deed so that my kids don't have to do this. Another name for a Life Estate Trust.

Who required you to hire a lawyer? If this is a law, can you provide a source or a link? I don't know about Florida, but I probated a will in Maryland and did not hire a lawyer. Also, are you referring to a "tax" or an attorney fee. If it is a tax, the attorney gets nothing. All attorneys will try to charge a hefty fee for their services, but their fees are negotiable.

[Pachine58]

Use a TOD (transfer on death) that is filed with county. No trust or probate needed, just death certificate.

[retiredguy123]

Originally Posted by Pachine58

Use a TOD (transfer on death) that is filed with county. No trust or probate needed, just death certificate.

Florida does not allow TOD for real estate. That is why you need a Lady Bird deed.

Can you post a link to a county office that handles the filing of TODs for other property? I have never heard of this process.

[rjm1cc]

I have no experience with your problem but you can try this without and attorney.
You need to PETITION TO DETERMINE HOMESTEAD STATUS OF REAL PROPERTY. This is generally done as part of the probate process in Florida. I think want you want to do is learn about Summary Administration. It is designed to be done without an attorney but you might be able to find an attorney to do it on a fix fee if you do not want to do it on your own. You file the petition in the county the property was in assuming the owner was not a Fl resident. If a resident, file in the county they lived in. Some counties have a set of forms you can use to fill out. If yours does not search for summary forms from any Fl county - there are four of five counties that have forms. Modify the forms as necessary and file in your county. Part of the filing will include the homestead form and the purpose is to formulize the transfer of title. You can try YouTube for Summary Adm in FL and maybe get a little education and maybe an attorney if you want one. Note you get all the paperwork done before you file with the court.

[Topspinmo]

Originally Posted by john352

I did it myself. I found the required form online. I filled it out, signed it, and had it notarized. Then I took it to the Sumter County Clerk's office and filed for a small fee. No attorney (and fee) needed. My only heir is my son. After I die, all he needs to do is take my death certificate to the Sumter County Clerk's office and pay a small fee.

Example of the form: Just a moment...

I Leary filling all my person information on Eforms? Is that legitimate? Or is there somewhere else to get forms? Eforms want 55 bucks to print form? Which not big deal but all my personal information in their hands?

[Slainte]

I believe it’s true in all states that the Executor has to be a resident of the state where Probate is filed, or they have to have a designated attorney for them to be executor (further cost). The reason is the Court has to have authority over the Executor’s actions (can proceed against a rogue Executor and command proper performance).

[retiredguy123]

Originally Posted by Slainte

I believe it’s true in all states that the Executor has to be a resident of the state where Probate is filed, or they have to have a designated attorney for them to be executor (further cost). The reason is the Court has to have authority over the Executor’s actions (can proceed against a rogue Executor and command proper performance).

Not true in Florida. Here are the rules:

Florida rules and limitations to be an executor
The individual must be at least 18 years old.
The individual must not have been convicted of a felony.
The individual must not have been declared physically or mentally incompetent by a court.
The individual must be a resident of Florida or be related to you by blood, marriage, or adoption.

Note that it is also not true in Maryland. I was appointed by the court to be the executor for my mother's estate, and I was a resident of Virginia, not Maryland.

[Slainte]

Yes, this deed is Usually called an enhanced ‘Ladybird Deed’. It will keep the real estate out of Probate; the property passes to the named beneficiaries. If just one beneficiary, no new Will is required, but is advisable. You can name multiple beneficiaries. If married, put in ‘after the last of the spouses die. Heirs often believe they own their part after one spouse dies. In other states, a Transfer on Death Deed form is used. It is a better and easier form to transfer real estate. Florida uses it to transfer stock/investments (called TODD). Owners of bank accounts can put (Pay On Death) on their checking & savings Bank Accounts. Statements will show POD & list names. Fill out paperwork at bank, and beneficiary (ies) just have to present a certified death certificate to bank & bank HAS to turn over heir’s portion. In effect in all states. PS Check the unclaimed property records in all states. If there is money there, most states require Probate for an heir to reach those monies.