Probate is the legal process that transfers property from an estate to the rightful recipients, and probate courts resolve disputes involving the estate’s assets and debts. Understanding the Florida probate process for same-sex spouses with the assistance of an attorney can help you protect your rights as an LGBTQIA+ couple.
A lawyer at The Florida Probate & Family Law Firm can guide you through each step, explain your options, and clarify your estate planning documents and administration.
How Does Probate Work?
Probate is the legal process that identifies a decedent’s assets and liabilities and then distributes those assets. Whether or not the decedent left a will, the state typically requires probate. The process generally requires payment of outstanding debts, taxes, and costs before beneficiaries receive any assets. Florida probate court procedures interpret the will and transfer property to individuals with valid claims, including same-sex couples.
In any probate matter, the court appoints a personal representative to manage tasks such as paying debts and transferring assets. After the appointment, the personal representative must follow the probate rules established under state law.
Probate Law and Same-Sex Marriage
State probate and intestacy laws allow a spouse to inherit from their partner, regardless of their partner’s sex. A person in a same-sex marriage may still inherit money and real estate under state law if their spouse dies without a will. That person may also be appointed as the personal representative of an estate involving a same-sex marriage. Recent legal developments have made it easier for same-sex spouses to access financial accounts, transfer property, and receive spousal benefits to which they may be entitled, including retirement accounts and Social Security benefits. However, same-sex spouses should still consult a Florida lawyer knowledgeable in this area who can help simplify the probate process and provide informed guidance.
Steps in the Probate Process for Same-Sex Spouses
The probate process typically begins when the court appoints a personal representative, if the decedent’s will has not already named one. The steps for same-sex spouses follow the same requirements as those for any other surviving spouse and include:
- Filing a probate petition
- Appointment of a personal representative
- Notices to creditors and heirs
- Inventory and appraisal of assets
- Payment of outstanding taxes, debts, and expenses
- Distribution of assets
Payment of debts must follow the priority of claims outlined in Florida Statutes, § 733.707. Experienced Florida attorneys can help a surviving spouse in a same-sex marriage follow state law and avoid costly mistakes during the probate process.
How a Lawyer Can Help
Knowing the process for filing the correct paperwork, validating a will, and managing debts and assets – including those involving same-sex spouses – are all tasks a probate attorney can help a personal representative in Florida handle. A lawyer can also advise a beneficiary to ensure they receive what state law entitles them to. Attorneys can assist with conflicts that may arise for same-sex spouses, such as disputes over the validity of a marriage, questions about property rights, or outdated estate planning documents. Skilled legal guidance can help same-sex spouses navigate a difficult and emotionally challenging time.
Call a Florida Lawyer To Learn About the Probate Process for Same-Sex Couples
Probate court can be complex and confusing for any surviving spouse, and spouses in same-sex marriages may face questions that go beyond typical probate issues. Our attorneys can help you understand the Florida probate process for same-sex spouses and everything it involves. Call today to schedule a free case evaluation.