Understanding Probate Law


Probate law involves a judicial process for settling an estate. It involves proving a person’s will in court. After the will has been proved, it is a public document. It is the final step in settling a person’s estate. While the process can be complicated, it is necessary for a person to have a clear understanding of the laws surrounding it.

Homestead property must be dealt with separately from other assets

Homestead property is a specific type of asset that must be dealt with separately from other assets under the laws of probate. These assets are protected by homestead restrictions, which are designed to protect the owner’s family. Unmarried owners, however, can transfer their property to anyone they choose.

The homestead exemption is a legal provision in Florida law that prevents creditors from taking a decedent’s homestead. This law ensures that homestead properties are not sold to pay off existing debts. Instead, homestead property will pass to the surviving spouse or heirs of the decedent.

A homestead is the dwelling and attached land that is the owner’s only residence. If a homestead owner passes away, the homestead will not be sold, mortgaged, or gifted to others. In addition, there are third-party protections in place for homestead property.

A surviving spouse may elect to receive a one-half interest in the homestead if she or he wishes. Such an option gives a surviving spouse unity of possession with his or her descendants, and it also allows the surviving spouse to file a partition action against the property if the surviving spouse doesn’t want it. The surviving spouse is also freed from the homestead’s maintenance costs.

Keeping accurate records of all financial transactions is essential to filing a complete report

Proper financial recordkeeping is necessary to avoid allegations of financial mismanagement and breaches of fiduciary duties. You should also keep all relevant records for future reference. Keep a copy of every report you file with FINTRAC.

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