What happens when someone dies while beneficiary dies during probate?

Question

My mother and her 3 siblings were waiting for probate to end on my grandfather's estate. He passed 10 months ago and my mother just passed last week, before money was distributed. Other than the money from her father's estate she has nothing.  What happens now to that money if she had no Will and her father's Will does not say where it's to go. How do we proceed? Our Aunt is executor of my grandfather's will and is willing to split my mother's money between all us children.

Lauren Nagel Richardson · Answer

I am so sorry to hear of your mother's passing. When a beneficiary of another estate dies before receiving their distribution, it is likely that you will need to open her estate to receive her share of the other estate, and then for these funds to be distributed to your mother's heirs at law. Even when someone does not have a Will, they have heirs. 
 
If your aunt consults with her attorney, however, and it is determined that she may make distribution from your grandfather's estate of your mother's share directly to your mother's children, then that would be a simpler way to handle this. This is going to depend on what legal advice your aunt receives from her attorney. 
 
If an estate is required, and the amount of funds she was to receive is less than $75,000, then you can open a Summary Administration. In this type of estate, the court will issue an order of summary administration directing that your mother's share of her father's estate is to be distributed to her heirs. 
 
If the amount of funds is more than $75,000, then you will need to open a Formal Administration with the appointment of a personal representative, transfer of the funds to an estate account, publish notice, and complete other steps before the funds can be distributed to the heirs. 
 
As there is no will, any heir can hire an attorney to prepare the court petitions to open your mother's estate. 
Our office handles estates anywhere in Florida. You are welcome to call us for a free phone consultation to discuss this matter, what would be involved, and what are the costs.

Phillip William Gunthert · Answer

Very sorry for your loss on the passing of your grandfather and your mother, please accept my condolences.  
In many instances a probate will have to be opened for your mother as well, this is because the money from your grandfather's estate will be made out to your mom, since she is not alive, you will not be able to cash the check/s and you will have to open a probate based upon the amount of money that she is to receive. Usually, if it is $75,000 or less, you can pursue a Summary Administration, this is usually easier and faster, it will still take some time but it is far more efficient than a Formal Administration as far as cost, work and time that it takes to usually complete. If your mom did not have a Will, then the Florida Intestate Statutes (without a Will) would apply and based on who survived your mother, the assets will be distributed according  to statute to those surviving beneficiary/descendants. I think that you will know exactly what you will have to do once you receive the distribution from your grandfather's estate, if it is in your mom's name or made out to the estate of __________________, you should contact a Florida Probate Attorney to help you and to likely start the probate process for your mother. I will add, if the sum you receive is very minimal and small, there may be an alternative option as well, "Disposition of Personal Property Without Administration".

Q: What happens when someone dies while beneficiary dies during probate?