When a person dies, he/she typically name a person who will be authorized to distribute their assets or properties. That person is called the executor. The executor needs to pay all the remaining bills and distribute the property according to their wish.
Once a person dies, the executor needs to submit the will to the court to start the probate process. But sometimes the executor does not want to file probate. So, today we will discuss what will happen if you don’t probate a will. Let’s get started.
1) Penalties to Executor: If you fail to submit the will in the required time, it can create serious problems. When someone has the intention to hide the assets for their financial gain, then criminal liabilities could occur for them. For example, if a father decided to donate the entire property to a charity but the son does not file his will to the court considering that you will inherit his property as per the intestate succession laws. This would expose him to criminal liability.
2) Creditors’ Claims and Insolvent Estates: When someone dies, there will be some unpaid bills. Starting the probate makes the time shorter to four months for the creditors to claim against the estate. The executor can reject the claim from the creditor if it is filed late. But if the probate isn’t started, the creditor could file the suit within one year. When the deceased has more bills then the money, it is better to file the will and step aside from the issues by not opening probate.
3) Transferring Title to Property: Probate is a process of transferring the titles of the properties legally to the deceased person’s beneficiaries. If you don’t have a will and don’t apply for probate, it may not be possible to transfer the property to the beneficiary unless they are a joint owner. This can lead to the beneficiaries suing you because they don’t receive the property.
4) File a Wills That Doesn’t Require Probate: Probate is not required every time. When the person who died left nothing behind and had put all his assets into a trust or a joint account to avoid the probate. You need to file the will but probate isn’t required.
5) Unresolved will issues: If your will was challenged on the ground of mental incapacity or a forged signature, then you will have to probate the will to go through the court procedure.
Got a question related to Probate in Florida? Contact Law Office of Michael T. Heider. Michael Heider is an experienced probate lawyer in Clearwater, FL.
Heider Law, P.A. gives legal counseling in the areas of probate, trust administration, guardianship, estate planning, tax planning, asset protection planning, and elderly law. Call Florida Probate Attorney – Michael Heider, at 888-483-5040 for a free consultation.